When a family member can no longer manage their own affairs, guardianship may provide support. However, when loved ones disagree about whether a guardian is needed or who should serve, the matter may become contested. A Chicago adult guardianship attorney can explain the process and the rights of the person who is the subject of the petition. Peck Ritchey, LLC assists clients with guardianship matters throughout Illinois.
Understanding Contested Adult Guardianship in Illinois
What Makes a Guardianship “Contested”?
A guardianship case may become contested when someone objects to the petition. A family member may disagree with the petition, question who should be appointed guardian, or dispute whether the person needs a guardian. The court must resolve disputed issues before appointing a guardian. The Illinois Probate Act governs guardianship proceedings in Illinois.
The Legal Standard Under Illinois Law
Illinois law requires clear and convincing evidence before a court may adjudicate a person as having a disability for guardianship purposes. Article XIa of the Illinois Probate Act governs these cases. The person seeking guardianship must present evidence that the proposed ward lacks sufficient understanding or capacity to make or communicate responsible decisions about personal care, financial affairs, or both. A guardianship petition should be accompanied by a written report based on a recent evaluation, including an evaluation by a licensed physician. The Illinois State Bar Association provides resources on guardianship law and procedures.
Why Choose Peck Ritchey, LLC for Your Guardianship Case
Peck Ritchey, LLC handles guardianship litigation and administration matters. The firm’s attorneys can explain the procedures that may apply in a contested guardianship case and review the available options. The firm can also discuss the rights and interests of the proposed ward, family members, and other parties involved. Kerry R. Peck and Timothy J. Ritchey have experience handling contested guardianship cases in Cook County.
Common Reasons Guardianship Becomes Contested
- Family members disagree about who should be the guardian
- Questions arise about whether the proposed ward meets the legal standard for guardianship
- Concerns exist about financial mismanagement or conflicts of interest
- Family members question the validity or scope of an existing power of attorney
- Parties disagree about the type or scope of guardianship powers requested
Types of Adult Guardianship in Illinois
Guardian of the Person and Guardian of the Estate
A guardian of the person makes decisions about health care, living arrangements, and daily care. A guardian of the estate manages the ward’s finances and property. One person may serve in both roles, or separate people may serve as guardian of the person and guardian of the estate.
Plenary vs. Limited Guardianship
Plenary guardianship gives a guardian broad authority over decisions within the scope of the court’s order. Limited guardianship grants only specific powers identified by the court. Illinois law requires the court to use the least restrictive form of guardianship that is appropriate for the person’s circumstances. The National Academy of Elder Law Attorneys provides information on guardianship and alternatives.
The Contested Guardianship Process in Cook County
The process generally begins when someone files a petition with the Probate Division of the Circuit Court of Cook County. The court may appoint a guardian ad litem to investigate the circumstances and report to the court about the proposed ward’s interests. Parties may present evidence and call witnesses at a hearing. The proposed ward may request a jury trial.
The court or parties may consider mediation or another method of resolving disputed issues without a trial. The timeline varies based on the facts, the court’s schedule, and whether the parties resolve their disagreements. The firm’s case results demonstrate experience in guardianship litigation.
Alternatives to Guardianship
- Power of Attorney — A power of attorney allows a person to appoint someone to make financial or health care decisions on their behalf. The document can be tailored to address specific needs and may provide an alternative to guardianship in appropriate circumstances.
- Supported Decision-Making Agreements — These agreements can allow a person to retain legal decision-making authority while receiving support from trusted individuals. The person makes their own decisions with assistance from supporters.
- Representative Payee — A representative payee manages certain government benefits, such as Social Security benefits, for someone who cannot manage those benefits independently. This arrangement does not require a guardianship order.
Frequently Asked Questions About Contested Adult Guardianship
How long does a contested guardianship case take in Chicago?
The timeline depends on the facts, the issues in dispute, the need for evaluations, and the court’s schedule. Some cases may resolve in a few months, while others may take longer.
Can I prevent a guardianship if my loved one objects?
If the proposed ward objects to guardianship, they may contest the petition in court. The court will consider the evidence and determine whether the person meets the legal standard for guardianship and whether a guardianship is necessary.
What happens if the proposed ward regains capacity?
The court may modify or terminate a guardianship if the ward’s circumstances change. A physician’s report or testimony may be relevant, but it is not always required for the court to modify, revoke, or terminate a guardianship order.
Do I need a lawyer for a contested guardianship case?
Contested guardianship cases can involve statutory requirements, evidence, and court procedures. An attorney can explain the process, help prepare for hearings, and discuss the rights of the people involved. The American Bar Association Commission on Law and Aging provides resources on guardianship and elder law.
Contact a Chicago Adult Guardianship Attorney Today
If you are involved in a contested adult guardianship case, Peck Ritchey, LLC can discuss your circumstances and explain the available options. The firm’s legal team has experience handling guardianship matters throughout Illinois. Call (312) 201-0900 to schedule a consultation.