Thursday, June 25, 2015

The End Is Only The Beginning

Meg has apparently convinced the probate judge that her father, Wes, is incompetent and needs to be taken care of after the injuries of his rock-climbing accident.  Plus, the judge thinks Meg has proved she is the best person to be his guardian.

The judge will now enter an Order declaring that Wes is Meg’s “ward.”  But the order will clearly state the exact scope of Meg’s authority and responsibility to her ward as guardian.

Illinois law requires that a guardian’s authority be limited as much as possible, in order to allow the ward to keep all the authority the judge thinks he is capable of exercising. 

That Order ends the process of being named guardian.  But it is only the beginning of the process of acting as guardian.  Now Meg must learn how to exercise her various guardianship powers in her father’s best interests, not only as determined by her but also as supervised and approved by the probate court.

She has certain bookkeeping and reporting requirements she must meet, going to the probate court for approval regularly. 

Good estate planning can prevent the need for guardianship proceedings in many situations.  For help planning your future and for the future care of your family, please call our office at (815) 436-1996 for an appointment.

©2015 Gruber Law Office, Ltd.

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