Guardianship for Minors in McHenry County, Illinois

I have helped friends with special needs children obtain guardianship when the children turns eighteen years of age. I also am routinely appointed by the court to advise the court if a guardian is needed and to recommend the suitable guardian. On occasion, the court has also appointed me to represent the alleged disabled person, who is fighting the guardianship.

Guardianships for minor children usually occur after some tragic event. There are a variety of circumstances when guardianship is appropriate, sometimes even for your own child. Unfortunately, I am seeing an increase in grandparents and aunts and uncles petition for guardianship of the minor child.

A petition for guardianship of the minor child is used when:

• Minor child is the beneficiary of a personal injury or wrongful death or another lawsuit

• A parent dies

• Parents have substance abuse issues

• Parents are deployed

When a minor child receives money, whether from a personal injury inflicted upon them during birth or car accident or having a parent die, the Court requires that a Guardianship matter be opened. The court must approve any lawsuit settlement. The court also requires a const be set up properly for the benefit of the minor. The court expects an accounting of expenses and permission to withdraw funds for the minor.

General things to know about guardianships for minor children:

• Guardianships can be short-term Guardian

• Guardianships can be for the person, the person’s estate, or for the person and the estate.

• Guardianship of the person is essentially the right to make all personal decisions for them, including medical decisions.

• Guardianships of the estate is essentially the right to make all financial decisions for the person.

• A nonparent much show that neither parent is willing and able to make and carry a day-to-day childcare decisions concerning the minor

• A parent cannot designate the person as a guardian

• A designation by a parent must be witnessed by two witnesses who are over 18

• If the minor is over 14 years of age, they can nominate someone as their guardian. This should be attached as Exhibit A to the petition for guardianship.

• Guardianships for a minor terminate when the child turns 18 years of age.

• Guardianships for the minor can also terminate when a parent is able to care for them.

Once Guardianship is established, the Guardian will be required to file an initial inventory and annual reports. Based on the client’s preference, I help with these additional reports to whatever extent necessary, including filing them.