Guardianship cases can change a person’s life. When someone files a guardianship petition, the court may take away a person’s right to make medical, financial, or daily living decisions. If you or a loved one faces a guardianship petition, you have the right to fight it. A contested guardianship attorney can help you protect those rights.
At Peck Ritchey, LLC, the legal team focuses on defending people in contested guardianship cases. The firm helps clients in Chicago and throughout Illinois. The firm’s attorneys work to protect your rights and find the right outcome for your situation.
Why Choose Peck Ritchey, LLC for Contested Guardianship Cases
Peck Ritchey, LLC handles contested guardianship cases from the defense side. The firm stands up for the alleged disabled person. The legal team knows Illinois guardianship laws and the Cook County Probate Division. The firm helps clients who want to object to a guardianship petition. Additionally, the firm helps those who want to remove or modify an existing guardianship. The attorneys guide you through each step of the legal process.
A contested guardianship happens when someone objects to a guardianship petition. In Illinois, the Probate Act governs these cases. The court must use clear and convincing evidence to approve a guardianship. Next, the person who files the petition asks the court to appoint a guardian. However, the alleged disabled person can object. If they object, the case becomes contested.
Your Rights in an Illinois Guardianship Case
Illinois law gives the alleged disabled person important legal rights. Under 755 ILCS 5/11a-10, these rights include:
- The right to have an attorney
- The right to a jury trial
- The right to present evidence
- The right to attend all hearings
- The right to object to the proposed guardian
- The right to cross-examine witnesses
The court must also tell the alleged disabled person about these rights. You do not lose these rights just because someone files a petition. The National Academy of Elder Law Attorneys provides resources on guardianship rights and alternatives.
How to Contest a Guardianship Petition
The first step to contest a guardianship is filing a formal objection. Your attorney can help you file this with the court. After that, the court will schedule hearings.
During the case, the court reviews medical records and doctor evaluations. The court may also appoint a Guardian ad Litem (GAL). This person investigates the case and reports back to the court. A GAL does not take sides. Instead, this person provides an independent view.
Your attorney can present evidence, question witnesses, and argue your case. The goal is to show the court that guardianship is not needed. Or, if needed, that a less restrictive alternative should be used. Kerry R. Peck and the firm’s attorneys have experience handling contested guardianship cases in Cook County.
What the Court Considers in a Guardianship Case
The court looks at several factors when deciding a guardianship case. These include:
- Medical evidence about the person’s condition
- The person’s ability to make decisions
- Whether less restrictive options exist
- The proposed guardian’s background
- The person’s own wishes and preferences
Illinois law prefers limited guardianship over plenary guardianship. Limited guardianship gives the guardian power over only certain areas. In contrast, plenary guardianship gives the guardian full decision-making power. The court can only order plenary guardianship if the person is totally without capacity.
Less Restrictive Alternatives to Guardianship
Illinois law requires the court to consider less restrictive alternatives. These options may include:
- Power of attorney for healthcare and finances
- Representative payee for Social Security benefits
- Trusts to protect and manage assets
- Supported decision-making agreements
- Limited guardianship
The Supported Decision-Making Agreement Act took effect in Illinois on January 1, 2024. This law allows people to choose trusted supporters to help them make decisions. As a result, it offers a less restrictive alternative to guardianship. The Illinois State Bar Association provides information on guardianship alternatives.
How Long Does a Contested Guardianship Case Take?
Contested guardianship cases can take several months to a year or more. The timeline depends on the facts of the case. Factors include the amount of evidence, the number of witnesses, and the court’s schedule.
Frequently Asked Questions
Can I remove a guardian after the court appoints one?
Yes. You can petition the court to remove or modify a guardianship. The court keeps jurisdiction over the case. If circumstances change, you can ask the court to make changes. The firm’s guardianship litigation page provides more information.
Do I need an attorney for a contested guardianship case?
Yes. Illinois law gives the alleged disabled person the right to have an attorney. The court can also appoint an attorney if you cannot afford one. Having legal representation helps protect your rights. Timothy J. Ritchey and the firm’s attorneys can explain the process.
What happens if I do not object to a guardianship petition?
If you do not object, the court may approve the petition without a contested hearing. The court will review the evidence and decide if guardianship is necessary. You may lose your right to make decisions about medical care, finances, and daily living.
Can I still make my own decisions during a guardianship case?
Yes. The court has not made a decision yet. You keep your rights until the court issues a ruling. You can continue to make decisions about your life during the case. The firm’s case results demonstrate experience in guardianship litigation.
Contact Peck Ritchey, LLC Today
A contested guardianship case can feel overwhelming. You do not have to face it alone. The attorneys at Peck Ritchey, LLC understand Illinois guardianship law. The firm helps clients in Chicago and throughout Illinois protect their rights. Call (312) 201-0900 to speak with the team. The firm can discuss your case and explain your legal options.