Guardianship Attorney in Belleville & Columbia, Illinois

If you need a guardianship attorney in Belleville or Columbia, Illinois, Hicks & Spector LLC can help. We assist families in St. Clair, Monroe, and Madison Counties with guardianship of minors and guardianship of adults.  A guardianship is a court proceeding in which a judge appoints a person to make important decisions for someone who cannot make them alone. It is a serious step with lasting effects, so our attorneys explain how the process works, what your options are, and what to expect before you decide. With offices in Belleville and Columbia and more than 30 years of combined family law and estate planning experience, we help families through this process with care.

What Is a Guardianship?

A guardian is a person appointed by the court to make decisions for someone else, called the ward. A guardian can be responsible for personal decisions, such as where the person lives and what medical care they receive, for financial decisions, or for both. The court decides which powers a guardian has, and the guardian answers to the court.

Guardianship Attorney for a Minor Child

Parents are normally the legal guardians of their children. A court may appoint someone else, such as a grandparent, aunt, uncle, or other relative, when the parents cannot care for the child because of death, serious illness, absence, or another reason. A guardian of a minor can make decisions about the child’s care, schooling, and health care, and may also manage property the child owns.

We can help with:

• Petitions for guardianship of a minor child
• Relatives who are caring for a child and need legal authority to make decisions
• Questions about what a guardian can and cannot do
• Planning ahead: parents can nominate a guardian for their children in a will

Guardianship Attorney for an Adult

When a person reaches age 18, the law treats them as an adult, even if they have a disability that makes it hard to manage their own affairs. A court may appoint a guardian for an adult who, because of a disability, cannot make or communicate responsible decisions about their person or property. Illinois courts look at the individual’s abilities and needs, and they may limit a guardian’s powers to the areas where the person needs help.

This can come up in situations such as:

• A young adult with a developmental or intellectual disability who is turning 18
• An older family member with dementia or another serious illness
• An adult who has been seriously injured and cannot manage their own affairs

A guardianship of an adult is a court case. The person affected has rights in the process, including notice of the hearing and the opportunity to be heard. The court may appoint an attorney or guardian ad litem to look out for that person’s interests and may require medical information.

Options to Consider Before a Guardianship

A guardianship takes away some of a person’s legal decision-making power, so it is usually worth asking whether something less restrictive would be enough. Depending on the situation, options may include:

• A power of attorney for property or for health care, which a person with the capacity to sign can use to name an agent
• A trust to manage property
• Other supports for the person’s decision-making

A power of attorney only works while the person can understand and sign it. If someone has already lost that capacity, a guardianship may be the only way for a family member to act. The sooner families plan, the more options they usually have.

How a Guardianship Case Works

Every case is different, but a guardianship generally follows these steps:

1. Consultation. We learn about the person who needs help, the family, and what decisions need to be made.
2. Petition. A petition is filed in the circuit court, generally in the county where the person lives.
3. Notice. The person and certain family members are formally notified of the case and the hearing.
4. Court review. The judge may appoint an attorney or guardian ad litem and may ask for a medical report in an adult case.
5. Hearing. The judge decides whether a guardian is needed, who should serve, and what powers the guardian will have.
6. After the appointment. A guardian has ongoing duties to the court and may have to file reports.

How long this takes depends on the facts, whether the family agrees, and the court’s schedule.

Guardianship and Your Estate Plan

Guardianship and estate planning are closely connected. Parents of minor children should name a guardian in their will, and every adult should consider powers of attorney while they are able to sign them. Our guardianship attorneys handle estate planning and guardianship together, so we can help you plan ahead or handle a situation that has already come up. If a guardian has died or a person under guardianship has passed away, our probate attorneys can help with the estate.

Serving Our Counties

Our guardianship attorney team helps in St. Clair County (Belleville), Monroe County (Waterloo), and Madison County (Edwardsville). A guardianship case is generally filed in the circuit court of the county where the person lives.

Our offices are at 120 West Main Street, Suite 210, Belleville, and 207 N Main Street, Suite 107, Columbia. Both offices are open Monday through Thursday, 8:00 AM to 5:00 PM, and Friday, 8:00 AM to 4:00 PM.

Guardianship Attorney FAQs

What is the difference between guardianship of a minor and of an adult? A guardian of a minor makes decisions for a child whose parents cannot. A guardian of an adult makes decisions for a person over 18 who cannot make or communicate responsible decisions because of a disability. The rules and the court’s findings are different for each.

Can a parent name a guardian for a child? Yes. Parents commonly nominate a guardian in their will. The court still has to approve the appointment, but a nomination tells the court who the parents wanted.

Does a child with a disability need a guardian at 18? Not automatically. At 18, the law treats a person as an adult. Some families seek guardianship, others use a power of attorney or other tools, and the right choice depends on the person’s abilities. An attorney can talk through the options.

Is a guardianship permanent? It lasts only as long as the court order says. The court may review the guardianship, and in some cases it can be changed or ended if the circumstances change.

Can a family member become a guardian? Often, yes. The court looks at who can best serve the person’s interests, and a family member is commonly chosen. The court decides.

Can a guardianship be avoided? Sometimes. If the person can still understand and sign legal documents, a power of attorney or another planning tool may meet the need. If they cannot, a guardianship may be the only option.

Do you offer free consultations? No. Initial consultations are a paid service. Call 618-551-0300 to schedule one and ask about the current consultation fee.

Do I need a guardianship attorney? Guardianship is a court case with specific rules, notices, and hearings. A guardianship attorney can explain whether a guardianship is needed, prepare the petition, and represent you in court.

Schedule a Consultation

If you are caring for a child, a parent, or another family member who needs help with legal decisions, a guardianship attorney can explain your options and next steps. Call 618-551-0300 or request a consultation online. Initial consultations are a paid service, and our team can tell you the current fee when you call.

Related: Estate planning | Wills | Powers of attorney | Adoption

 

Content contained on this site is for informational purposes only and should not be considered legal advice. You should consult an attorney of your choosing to discuss your particular case and to obtain legal advice specific to your situation.