The Steps to Attaining Guardianship: What You Can Expect

A legal guardian can be appointed to take care of a minor child as well as someone who is incapacitated. But, how do you become a guardian for someone?

To become a guardian, you will need to file a court order. It is best to do so with the assistance of a guardianship attorney in Illinois. Before you can legally care or supervise the child or adult, the courts must establish your guardianship.

With the assistance of your guardianship attorney, you will go through four in-depth steps.

File Your Forms with the Illinois Court

To become a guardian, you must complete the necessary forms and file your request with the courts. Your guardianship lawyer in Illinois can handle this process for you. You are required to give those forms to other people and agencies aside from the court, including relatives who could also request guardianship.

Prove the Individual Needs a Guardian

When a child's parents pass away or are considered unfit by the courts, it is obvious that the child needs a guardian. Therefore, proving your case is not as difficult. But, when trying to get guardianship for an adult, you will need to prove that the adult needs a guardian. This may mean proving the individual cannot live alone or take care of themselves or they lack the mental capacity to make decisions on their own.

Prepare for an In-Depth Investigation

The courts will have an investigator create a report in regards to your request. They will visit your home, make sure it is ready to accept the guardianship of the adult or child and they will conduct thorough background checks. Also, you may have to go through a psychological examination to ensure you are mature enough to handle the task.

Court Hearing

A family court judge often oversees guardianship cases, but in some instances, a probate court judge may have to decide. During this hearing the judge will assess the court investigators report, listen to any contests of guardianship and also your own testimony and evidence.

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Guardianship may only have four steps, but these steps are critical. If you are filing for guardianship, you need an experienced attorney working by your side. An attorney not only helps file the necessary paperwork, but can help represent your case in family court.