VISIT WEBSITE >>>>> http://gg.gg/y83ws?4831622 <<<<<<
Guardianship differs from custody in several ways. Custody only refers to a minor child, while guardianship can be of a child or an adult. When someone gets custody of a child, they obtain parental or grandparental rights.
A guardian does not receive any parental rights and is simply appointed to care for the ward and the ward's finances. When guardianship of a child is established, the child's parents maintain their parental rights.
Custody can cancel out parental rights, or at least infringe on them. Guardianship is generally established when a child or adult needs someone to care for them and manage their affairs.
It's common for military parents to name guardians for their children so that if they are posted overseas, there is someone they trust who can care for their child in their absence.
Parents also commonly name a guardian in their will so that, if they die leaving a minor child, they can indicate to the court their preference for a guardian.
Guardianship of an adult can be granted when an adult is incapacitated and cannot make their own decisions. This could happen due to:. Guardianship can only be established by a court order, so to obtain guardianship over a child or adult, you need to file a petition, even if the parent of a child has already consented to grant guardianship. This process is usually carried out in probate court in the county where the prospective ward resides.
Forms are available from your local probate court's website or court clerk's office. After the petition is filed, the ward is served and the court schedules a hearing to determine if guardianship is necessary or appropriate.
Proof, such as a doctor's examination, is necessary for guardianship of an adult. Guardianship of a child requires proof that the child is in need of supervision or care. It's possible for an adult to prevent a guardianship situation by creating an estate plan—which can consist of many legal documents—that prepares for all eventualities.
You might also choose to create a living trust to ensure your finances are protected and managed. A power of attorney names someone to handle business and financial dealings on your behalf should be unable to do so. If you want help setting up your estate plan, you can use an online service provider.
Guardianship can be an important lifeline for children or adults in need. Ensuring that you prepare for all eventualities—for yourself and your loved ones—can give you peace of mind. Contents 3 min read. Brette Sember, J. Estate Planning Basics. Learn why you should appoint a legal guardian for your children, the rights and responsibilities of the legal guardian, and the steps that you need to take to appoint someone as the legal guardian of your children. Representative payees or joint ownership of bank accounts to help the person manage his or her finances.
States usually have a preference for persons to be named guardian. For children with disabilities who turn 18, the preference is usually for the parents, or if parents are not available, an adult sibling or other adult family member.
If no family members are able to serve as guardian, then a close friend. And if no friends are available, then the court can appoint a professional guardian.
In some cases, guardians can be reimbursed for their expenses and paid for their services from the assets of the person they are taking care of. Generally payments are made only to professional guardians, but a family member who has been appointed as guardian may, depending on state law, also seek compensation by making a request to the court. When a guardian can no longer serve, the guardianship itself does not end. Rather, a new guardian is appointed by the court.
In the case with a parent of a child with a disability, as the parent ages, he or she may no longer be able to care for their child. The guardian should consider who would replace him should he no longer be able to serve. A guardian is appointed by the court upon petition by an interested person.
The petition should also include the reasons why the court should appoint a guardian. There will be a hearing before a judge. The petitioner must present evidence of the need for guardianship. The petitioner usually must prove: that the person lacks sufficient understanding or capacity to make responsible decisions; that this lack of capacity is caused by a disability; and that no less restrictive alternatives are available.
The petitioner must also show that the proposed guardian is fit to be appointed, is capable of carrying out the responsibilities of a guardian, and that no one of higher priority for example a parent is available. Generally, for the hearing, two attorneys are involved one representing the person asking the court to appoint a guardian and one representing the best interests of the person to be cared for.
Anyone, including the person who is to be under the guardianship, can object to the appointment of a guardian in general, or to a specific choice that the guardian makes. There are different processes through different courts but generally, any objections involve a hearing and filing papers with the court.
If the doctor relies upon the written statements of others, the names of those persons should appear on the face of the form. A guardianship summons is the legal notice physically served upon the respondent which advises of the time, date, and place of the guardianship hearing, the right to appointed counsel, the right to a jury trial, the right to request the appointment of an expert witness and other legal rights.
The form of the notice is mandated by Sections 11a e. The summons and a copy of the guardianship petition must be served not less than 14 days before the guardianship hearing. An adjudication of disability cannot occur without proof of personal service on the respondent. Substitute service of a summons is not acceptable, despite its practicality. For example, the sheriff cannot leave a copy of the petition and summons with a nurse, social worker, or family member when the respondent is in a coma.
A summons is usually served by the office of the sheriff of the county in which the respondent lives, but may be served by any individual over age 18 who is not a party to the guardianship proceeding. A legal notice of motion and a copy of the petition must be sent by the petitioner to all persons whose names and addresses appear on the petition, at least 14 days before the hearing date.
Section 11a f. Notice need not be sent to the respondent summons and a petition will be served but the proposed guardian should get notice. The notice simply explains that a guardianship proceeding has been scheduled for a particular time and place, and advises that parties may appear and participate in the adjudication of disability.
Certain procedural safeguards are included in the adjudication process. The appointment of a guardian ad litem may provide the best oversight of guardianship proceedings. The guardian ad litem is required to perform certain statutory functions intended to protect the rights and interests of the respondent see Section V D, above. The Guardianship and Advocacy Commission favors the appointment of a guardian ad litem in all cases where OSG is appointed guardian or where OSG petitions for guardianship.
However, in cases where a guardian ad litem is waived or refused by the court, other protections remain. Any or all of the following should be considered. A court may appoint an attorney to represent the respondent, if the court finds that the interests of the respondent will be best served by the appointment.
A court must appoint counsel when the respondent requests representation or when the respondent takes a position averse to that of the guardian ad litem. Requests for counsel by a respondent may be made by any oral or written means, either before or at the guardianship hearing. Section 11a b , 11a a.
A respondent is entitled to a 6-person jury. The jury will determine the issue of disability after hearing evidence. A respondent may request that the court appoint independent medical, psychiatric or other evaluations to attempt to refute allegations made by the experts retained by the petitioner.
Respondents are absolutely entitled to appear at guardianship hearings, cross examine witnesses, and present evidence. Guardianship hearings may be closed to the public at the request of the respondent, guardian ad litem, or appointed counsel. The quantum of proof in contested guardianship proceedings is sometimes hard to determine. The Commission believes that most courts would follow a clear and convincing standard, although no particular standard is articulated in the law. If a guardian ad litem is appointed, a brief oral report discussing issues of importance may be made.
The court will then rule, after considering the factors set out in Section 11a e :. If the respondent appears and objects or if another objector steps forward, the court may set the case over to a future date for a contested hearing or appoint counsel for the respondent. Section 11a b. The respondent is entitled to legal representation, a 6-person jury and other due process, and is required to be present at the guardianship hearing absent a showing that the respondent refuses to be present or will suffer harm if required to attend.
In practice, the respondent often does not appear at the guardianship hearing. Illinois law creates no preferences or priorities as to whom is appointed guardian for a person with disability, other than the requirement that the court give due consideration to any preference of the respondent.
Section 11a-5 a. Guardians are required to file an oath or a bond. Section Estate guardians are generally required to file either surety or non-surety bonds, and the courts have very little discretion in waiving or reducing bonds. For example, many courts will generally require a bond even where the parent of an adult person with developmental disability is serving as guardian to oversee the investment of an inheritance. The bond amount is set by Section at one and one- half times the value of the personal estate if a surety company acts as a surety.
After an adjudication of disability, the person with disability receives a statement which advises of statutory rights to modify or revoke the adjudication of disability.
In Cook County, the statement is mailed by the court after the adjudication of disability. Guardianship may be modified or terminated at any time under Section 11a,21, and guardians may be removed for the causes stated in Section Unless revoked by the court, guardianship is a lifetime proposition, and survives the death of a guardian. View using these links: Illinois. Don't show this message again.
Skip to Content.
Commentaires