Guardianship

A legal guardian is the person with legal authority and duty to care for the personal and property interests of another person.  The person with the authority is called the “guardian”, and the person they are in charge of is called “the ward”. 

Guardianship can be “Guardian of the person” (responsible for the health and personal well-being of the ward), or it can be Guardian over property” of the ward (often referred to as conservatorship.)

Guardianship matter arise in situations where someone is incapable of caring for themselves.  Guardianship matters are overseen by the Court System, and classify guardianships as guardianships due to infancy, incapacity, or disability.

Parents have the right to appoint guardians for their minor children.  Courts have the power to appoint a guardian for a person in need of special protection. 

One term you may have heard is “guardian ad litem”: a guardian ad litem is a guardian appointed to represent and individual’s interests in litigation.

Sometimes, guardians ad litem are appointed in divorce disputes to represent the interests of the minor children.

If an individual has completed a proper Health Care Power of Attorney and a Property Power of Attorney, there may not be a need for Guardianship.

The Heartland Law Firm guides your family through the grueling and bureaucratic Guardianship process, protecting your rights and helping you reach the outcome you desire.

Find out more about our unique process to help families in guardianship situations.  Call us at 847-729-3300!  Dolly will answer, and will be happy to understand your options and next steps to protect your loved one, fast.