×
Go back to Martindale-Avvo ➔

Illinois Guardianship And Conservatorship Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
20 legal questions have been posted about guardianship and conservatorship by real users in Illinois. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Illinois Guardianship And Conservatorship Questions & Legal Answers
Do you have any Illinois Guardianship And Conservatorship questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 20 previously answered Illinois Guardianship And Conservatorship questions.
Guardianship and Conservatorship
Illinois

Recent Legal Answers

For temp guardianship, judge will go back 3 to 5 years on mom's finances, does he need 10 years of income tax returns

Answered 4 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You are only in contempt of court if the court issues an order and you fail to obey it. Anyone acting under a Durable Power of Attorney is authorized to spend your mother's money to pay for her care. Nothing in your description indicates that you did otherwise and would therefore be subject to a lawsuit to recover funds on your mother's behalf.  In addition, if there were such a suit and it were successful, you could save your home by declaring bankruptcy.  The home is exempt in bankruptcy.  ... Read More
You are only in contempt of court if the court issues an order and you fail to obey it. Anyone acting under a Durable Power of Attorney is... Read More

Guardianship of husband. Court declared we have to split our accounts. What can we do?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
This is normal.  It protects your husband and it protects you.  Neither need worry about all the money going for the other's needs.  If your husband someday needs Medicaid, your savings, etc. need not be spent down first and vice versa.
This is normal.  It protects your husband and it protects you.  Neither need worry about all the money going for the other's needs. ... Read More

How can me and my uncle sort out the Guardianship process?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Your uncle should talk to a local guardianship attorney. Please post this in immigration as well.
Your uncle should talk to a local guardianship attorney. Please post this in immigration as well.

My Daughter is incarcerated, goes to Court 01/25/2020...My ? Is,, My Granddaughters Father has Never supported her as far as Shelter, Utilities, etc.

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
For you to have "temporary guardianship" via a special power of attorney, both parents must grant it.  It is revocable at will by either. For you to actually become the guardian, you may want to work with CPS to terminate the father's parental rights.  You may wind up with an intermediate legal status.... Read More
For you to have "temporary guardianship" via a special power of attorney, both parents must grant it.  It is revocable at will by either. For... Read More

Can someone help me with establishing Gaurdianship until Mother is released from jail.

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
From your description it is not clear who might need a guardian.
From your description it is not clear who might need a guardian.

I am the co-guardian of my grandmother. I, alone, also hold medical POA. If there is a dispute as to a course of medical treatment, who decides?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
If you are co-guardians of your grandmother's person (as opposed to her estate), you have a fight on your hands.  You may need to ask a court to remove your sister as co-guardian. If you are a co-guardian of your grandmother's estate, the Medical Power of Attorney still has effect.
If you are co-guardians of your grandmother's person (as opposed to her estate), you have a fight on your hands.  You may need to ask a court to... Read More

Does a grandparent has the right of custody when the parents give up their rights?

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Talk to the CPS caseworker.  CPS prefers family placement.
Talk to the CPS caseworker.  CPS prefers family placement.

My Son 25 with Special Needs was removed from my custody and having no answer why and what I need to do to get his return back what should I do

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You do not write whether there was a guardianship proceeding in court or whether a complaint was made to Adult Protective Services.  Without this information, it is difficult to answer your question.  You might want to talk with a guardianship attorney in your area.
You do not write whether there was a guardianship proceeding in court or whether a complaint was made to Adult Protective Services.  Without... Read More

my father is 89, has dementia and his spouse is physically and verbally abusive how can I have her evaluated and removed from his care?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You may want to report the abuse, particularly the physical abuse, to Adult Protective Services.  However, please note that your father may deny that he is being abused:  he is dependent on her for care. You may also want to consult with an elder lawyer.  You can locate one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)  ... Read More
You may want to report the abuse, particularly the physical abuse, to Adult Protective Services.  However, please note that your father may deny... Read More

Non biological parent relinquish children

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
A non-parent is not required to pay child support.   There are exceptions when a biological parent (which your son is not) agrees to allow a child to be adopted or when a biological parent (which your son is not) did not raise the child but is later found to be the biological parent.... Read More
A non-parent is not required to pay child support.   There are exceptions when a biological parent (which your son is not) agrees to allow a... Read More

How to Discharge Guardianship of a Minor

Answered 11 years and 7 months ago by Lori G. Levin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
   If your mother has been appointed guardian of your daughter by the court in Illinois, you will need to ask that court to discharge that guardianship. It is always advisable to hire an attorney who is knowledgable regarding the process to represent you in such a matter.   This posting is for informational purposes only and does not constitute legal advice nor establish a relationship between the parties. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More
   If your mother has been appointed guardian of your daughter by the court in Illinois, you will need to ask that court to discharge that... Read More

How easy would it be for Step-Mom and Father Getting Custody Of Minor Child in BIO Uncles Care

Answered 13 years and 5 months ago by Lori G. Levin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
   Under Illinois law, the parents may file a petition to revoke the guardianship. The court will appoint a Guardian Ad Litem to represent the child and report to the court the GAL's recommendation. If you believe that that is in the offing and you oppose it, please contact an experienced attorney as soon as possible to represent you.   This posting should not be considered legal advice nor the establishment of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More
   Under Illinois law, the parents may file a petition to revoke the guardianship. The court will appoint a Guardian Ad Litem to represent... Read More

Is it possible to get poa, for an adult , thats in intensive care. He did not want any family members to know he was in the hospital.

Answered 13 years and 5 months ago by Lori G. Levin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
   Please consult with an experienced attorney. If his daughter is his "surrogate," she may hold a power of attorney or may be his guardian. There may be a question of his competency if he is unable to communicate effectively. Please consult with an attorney.   This posting should not be considered legal advice nor the establishment of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More
   Please consult with an experienced attorney. If his daughter is his "surrogate," she may hold a power of attorney or may be his... Read More

How can i legalize my new word.

Answered 13 years and 5 months ago by Robinzina Bryant (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Dear Illinois, Your matter sounds like an issue to be addressed by a patent attorney who deals with trademarks and copyrights.  I'm hopeful one will see this post and contact you.  In the interim, this site has a feature which allows you to FIND A LAWYER which you can utilize to locate a patent attorney to address your needs.  I hope it's a fun and positive addition to the lexicon. Good luck with your endeavor.... Read More
Dear Illinois, Your matter sounds like an issue to be addressed by a patent attorney who deals with trademarks and copyrights.  I'm... Read More

i want to be a guardian for wife's grand kids

Answered 13 years and 5 months ago by Lori G. Levin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
  Some courthouses in Illinois have pro bono lawyers present to assist in obtaining a minor guardianship. Please contact your county courthouse, or in the alternative local pro bono legal assistance organizations. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More
  Some courthouses in Illinois have pro bono lawyers present to assist in obtaining a minor guardianship. Please contact your county courthouse,... Read More

What is the role of my attorney in a guardianship matter?

Answered 13 years and 5 months ago by Lori G. Levin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
  Unfortunately, your question is unclear. Please contact your attorney and schedule an appointment to discuss your case. It sounds like you may be having a disagreement regarding strategy. It is important to understand your attorney's strategy and actions. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com  ... Read More
  Unfortunately, your question is unclear. Please contact your attorney and schedule an appointment to discuss your case. It sounds like you may... Read More

can i use my retirerment funds to pay back money to ward.

Answered 13 years and 7 months ago by Lori G. Levin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
   Your question is unclear. If you are plenary guardian or guardian of the estate, the ward's funds are to be used only for the ward's benefit.  As guardian, you provide a yearly accounting to the court, If you have questions regarding your role as guardian, please contact the attorney who assisted you in obtaining guardianship. If you obtained guardianship without a lawyer, please contact one as soon as possible.    This post is for informational purposes only and should not be considered legal advice nor the establishment of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-872-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More
   Your question is unclear. If you are plenary guardian or guardian of the estate, the ward's funds are to be used only for the ward's... Read More

How or What steps are needed to become my brother''s legal guardian

Answered 13 years and 7 months ago by Lori G. Levin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
   Please consult an attorney who handles guardianship cases. The Illinois Probate Act may allow you to apply for guardianship of your brother, if the court has jurisdiction over him. An attorney can explain what is required for the court to have jurisdiction as well as the procedures to apply for guardianship.    This response is for informational purposes only and should not be considered legal advice nor to constitute an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More
   Please consult an attorney who handles guardianship cases. The Illinois Probate Act may allow you to apply for guardianship of your... Read More

Do I need an attorney to get power of attorney over my grandmother who is a nursing home?

Answered 13 years and 8 months ago by Lori G. Levin (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Guardianship And Conservatorship
  Mr. Melamed is correct that if she is competent, she can hire an attorney who can draft and have her sign the power of attorney. If she needs a guardian, a petition will need to be filed in probate court. The court will appoint a guardian ad litem to report to the judge on her abilities and desires and the court will also need a report from a qualified physician alleging her disabilities to manage her own affairs and/or finances. Please be aware that once the court is involved, its permission is necessary to change her placement and annual reports will be required.   Please contact an attorney as soon as possible to determine how best to proceed. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More
  Mr. Melamed is correct that if she is competent, she can hire an attorney who can draft and have her sign the power of attorney. If she needs... Read More

Battle to not allow guardianship reversal?

Answered 13 years and 8 months ago by Lori G. Levin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
  I am unsure of the nature of your question. These cases are complex and can take some time in court. Although you are the child's guardian, as you noted, you are not as of yet the adopted parent and it appears that she is seeking to regain her child.   You should contact an experienced attorney to aid you in this litigation. That attorney will be in the best position to advise you. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More
  I am unsure of the nature of your question. These cases are complex and can take some time in court. Although you are the child's guardian, as... Read More
Guardianship and Conservatorship
Illinois

Helpful Resources