Guardianship is the legal process by which a court determines that an adult is unable to make decisions about some or all areas of life and is therefore legally "incapacitated".  As a result of that determination, the Court can appoint a Guardian to make those decisions for that adult.

Guardians are appointed in cases where an individual is unable to make sound decisions regarding his or her health, finances, or life in general. However, it is important to understand that Courts take this responsibility seriously.  They do not easily remove a person’s right to self-determination.  For the Court to appoint a legal guardian, one must prove, with medical and other evidence, that there is a need for guardianship and that the proposed guardian is suitable to serve.

Guardians can be appointed when an individual is:

• Mentally, developmentally, or physically disabled
• Due to age or other factors is unable to fully manage his/her person or estate
• Under the age of 18 (minor)

Unfortunately, guardianship disputes also arise. Common issues for Guardianship litigation include:

• Misuse or theft of funds or assets of the vulnerable person
• Abuse or neglect of the vulnerable person
• Unsuitability of a proposed guardian
• Disputes between relatives as to who should serve as Guardian

Gretchen Neddenriep LLC, provides legal advice to persons acting as or seeking a Guardianship. We represent people seeking court-appointed Guardianship of a loved-one or person in need, and litigates cases in which guardianship disputes arise.

While the Illinois Probate Act establishes a framework for guardianship, many areas of guardianship law remain unclear.  There are many probate courts throughout Illinois.  Some of these courts interpret legal principles and procedures differently from others, or not at all.  Consequently, procedures that are taken for granted in one county may be unheard of or interpreted differently in another.  Therefore, it is important to consult with an attorney who is familiar with local practice rules. Gretchen Neddenriep has been helping clients with Guardianship issues in Lake County, Illinois for over 25 years.

Guardianship should only be utilized when necessary to promote the well-being of a person with a disability or to protect against neglect, exploitation, or abuse, while encouraging development of maximum self-reliance and independence.  The Court will order Guardianship only to the extent necessitated by the person’s actual mental, physical and adaptive limitations.

Many alternatives to guardianship exist. For example, where a person prior to incapacity has executed a proper Power of Attorney for Health Care, or property, a personal guardian may not be needed. Similarly, where an adequate trust or representative payee is in place, guardianship may be unnecessary.

The decision to pursue Guardianship for a loved one should not be taken lightly and can be a stressful and confusing process.  Gretchen Neddenriep LLC, will take time to get to know your situation and advise you of the best course of action. Should you decide to pursue Guardianship, you will rest assured knowing that you are being represented by a competent, compassionate, hard-working firm who is familiar with the Court rules and procedures in Lake County, Illinois.