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Hillside, IL 60162

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Hillside guardianship attorneyEvery child deserves to live in a loving household, with the ideal goal being two loving parents who can care for them. In today’s world, however, this is not always the case. Some families have single parents, others have blended households, and some children lose their parents at a young age. If a child’s parents die unexpectedly, and a Will that outlines those parents’ wishes was not  prepared,,  a  court will need to determine what the next best course of action will be regarding who will take care of the child. Throughout the U.S., anyone under the age of 18 is considered a minor and must have a legal guardian caring for them. For some children, this  could require another family member taking care of them , while for other children, foster care may be their only option. 

Determining Legal Guardianship

Older children who have a younger sibling will often seek to become their legal guardian and thereby keep their brother or sister outside of the foster care system. While this is an admirable goal, it is not always feasible, and it is ultimately up to a  court to make this decision. It may seem like the obvious choice to keep siblings together, but there are a number of circumstances that must be considered before the court will allow this arrangement to become legally enforceable. According to Illinois law, a legal guardian must meet the following criteria:

  • At least 18 years of age;

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Hillside guardianship attorneyTaking on the responsibility of becoming another person’s legal guardian is laudable, but it can also be very difficult. This is especially true for children who are becoming their parents’ legal guardian. Having to take on the role of caregiver to your own parent can be physically and emotionally taxing, and some people may not even know if their parents meet the criteria for needing a legal guardian. Before taking legal action on behalf of your loved one, review your ability to become a legal guardian, as well as the common signs that show they need this additional support.

Who Can Be a Guardian?

When petitioning to become a legal guardian, there are a few minimum requirements that you must meet, before a judge can even determine if you are the right person to fulfill this role. Under Illinois law, legal guardians must: be at least 18 years of age, be of “sound mind,” have never been convicted of a serious crime, and be deemed a suitable guardian by the court. In addition, those who wish to become a legal guardian must demonstrate their ability to provide a suitable plan in their role as guardian. 

Is My Loved One in Need of a Guardian?

Most adult children can recognize the signs that their parents need additional assistance in one form or another. This may be physical help, financial guidance, or just assistance in making decisions in general. The state of Illinois provides a list of questions to consider for those who think that their loved one may be on the path towards needing guardianship; if you are in this situation, consider the following questions before seeking legal help to secure guardianship:

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