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Lombard guardianship lawyersIf you wish to be the primary caregiver of a friend or family member who is unable to care for themselves, one option which you have available in Illinois is guardianship. Guardianship can be granted by a judge to help an adult who cannot make general life decisions on his or her own. Guardian responsibilities are categorized into two groups: financial/estate responsibilities and personal responsibilities. In Illinois, there can be separate guardians for a person and their estate or the same person can look after the disabled individual’s personal needs and make estate decisions.

Guardian Qualifications

In order to become a person’s legal guardian, you must be at least 18 years old, not legally disabled, a United States resident, cognitively capable of caring for another, and free from certain prior felony convictions. If the disabled person in question wishes for you to become his or her guardian, such wishes will be considered by the court, but the court is not obligated to approve you as a guardian.

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Lombard family law attorneysNo one wants to think about their own mortality, but it is an issue that must be faced eventually. This is especially true if you have minor children. Provisions must be made for them in case the unthinkable happens. While it may seem alarmist, it is actually quite common to draw up a plan or mechanism to ensure that your children are well cared for if you are suddenly removed from the proverbial picture. The most often used method of guaranteeing that stability is to set up a guardianship, but there are other possible options.

Superior Rights Doctrine

As one might assume, if you are married to your children’s mother or father (or once were), Illinois courts will usually grant custody to him or her under the so-called “superior rights doctrine.” There is a general presumption that a biological parent is the best person to raise children, and this will often be followed as long as the parent has not been found unfit. However, there is one doctrine that carries more weight than the superior rights principle, and that is the best interests of the child. Illinois public policy explicitly states that the best interests of the child are the primary concern when ruling on issues in family law, such as parenting time or allocation of parental responsibilities.

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