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Guardianship Law
Effingham, IL
We offer solutions for all areas of Guardianship Law
When it comes to guardianship law, Totten Law Office is here to help you navigate the complexities with ease and compassion. Our dedicated team understands how important it is to protect your loved ones and your rights. As a locally owned law firm in Effingham, we pride ourselves on being part of your community, providing personalized support tailored to your unique situation. Plus, we offer a FREE consultation for personal injury cases, ensuring that you receive the guidance you need without any added stress. Let us be your trusted partner in this journey!
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Definition of Guardianship
Guardianship is a legal arrangement where a court appoints an individual or organization (guardian) to care for another person (ward) who cannot manage their own affairs due to age, incapacity, or disability.
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Types of Guardianship
There are various types, including guardianship of the person, which involves decisions about the ward's daily life, and guardianship of the estate, where the guardian manages the ward’s financial affairs. Some cases may require both.
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Criteria for Guardianship Appointment
Courts consider several factors before appointing a guardian, such as the ward’s ability to make decisions and the suitability of the proposed guardian. The goal is to ensure the ward’s best interests are met.
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Guardian’s Duties and Responsibilities
Guardians have a duty to act in the ward's best interests, which may involve making medical, educational, and financial decisions on their behalf. Guardians are typically required to provide regular reports to the court.
Totten Law Office Can Help With Your Guardianship Case
Rights of the Ward
Even under guardianship, wards retain certain rights, such as the right to be treated with respect and the right to request a different guardian. Some wards may also retain limited decision-making abilities, depending on the type of guardianship.
Temporary vs. Permanent
Guardianship can be temporary or permanent. Temporary guardianship is used in emergency situations or for a set period, while permanent guardianship lasts until the ward is deemed capable or passes away.
Termination of Guardianship
Guardianship may be terminated by the court if the ward regains capacity, if the guardian is no longer fit, or upon the ward's death. Guardianship can also end if the ward reaches adulthood in cases of minor guardianships.
Guardianship and Conservatorship
Guardianship often overlaps with conservatorship, though they are distinct roles in some jurisdictions. Guardians handle personal matters, while conservators focus solely on financial and estate management for the ward.
