Protect Your Family’s Interests With a Guardianship Attorney

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Guardianship Attorney

If you are concerned about the future of a loved one who is unable to make sound decisions on their own, you may want to take legal steps to ensure that they are taken care of. This can include creating a power of attorney or establishing a guardianship. Regardless of which option you choose, it is important to work with the best Chicago Guardianship Attorney to protect your family’s interests.

Typically, a person who wishes to become a guardian for an individual files a petition with the court. This document must contain basic personal information about the individual and a report about their physical or mental capacity from a physician. In some cases, the Court will appoint an “Advisor to the Interests of the Individual” (guardian ad litem), who will review records, interview the individual and interested parties, and make recommendations to the court.

Once appointed, the Guardian must file annual reports with the court and comply with other duties. For example, the guardian must visit the individual at least four times per year and take care of their health and safety, as well as prudently manage their finances. Guardians also must notify the Court of any changes or other relevant events that occur throughout their tenure as a guardian.

Guardianship is a serious responsibility, and it should only be granted to those who are willing to meet the high standards set by the Court. If you are considering obtaining guardianship of a disabled family member, it is essential to have the help of an experienced and compassionate attorney. Our firm is dedicated to helping clients develop comprehensive estate plans, including establishing guardianships, and we can provide guidance through the process.

We will guide you through all aspects of the legal process, from filing initial paperwork to defending your rights if challenged by another party. Whether you are the applicant, the subject of the guardianship, or an interested third party, we will work hard to establish a solution that is best for your family.

In many cases, family members are asked to serve as guardians of a disabled loved one. In addition, parents often opt to create guardianships for their children with disabilities in their wills. The law is complex, and the decision to seek a guardianship should not be taken lightly.

Fortunately, there are alternatives to guardianship that can provide the same level of protection without involving the court. We will evaluate your situation and discuss all options that are available to you, including having your family member execute a power of attorney or establishing supplemental needs trusts. Contact our office today to learn more about how we can support your family’s best interests. We are proud to serve the residents of Chicago, Illinois and surrounding areas. Our team of dedicated lawyers is committed to providing professional and reliable counsel on all matters related to guardianship and disability. We will help you achieve peace of mind by ensuring that your loved ones’ interests are protected in the event they cannot care for themselves in the future.

Procedures Applicable in Probate and Settlement of Estate

Probate Law, , , , , , ,

Probate of wills is a legal term referring to the official procedure for recording, settling and executing wills. Wills records prepared by state officials for the testator who dies. In general, will procedures are applicable in all states that use the same testator rules. In addition, probate of wills often involves the involvement of representatives of the decedent’s heirs, including creditors and estate planners.

 

In general terms, wills are recorded in duplicate in the county where the testator resided prior to his death and recorded in the same county where the decedent died. However, the probate court in each jurisdiction has its own procedures for recording and executing the same. Some jurisdictions also allow for will exchanges in which one testator signs an instrument with another or states that the testator has fully paid his/her debts to others. It is necessary to record the testator’s name under the appropriate heading as part of the will. While the use of names other than the testator’s, especially in the case of initials or nicknames, is common in many probate jurisdictions, it is not necessary to use legal titles.

 

In legal terms, “testimony” refers to any oral statement, whether oral or written, concerning the testator’s affairs which may be used as evidence at any later stage in the probate of wills proceedings. Testimonials may be based on information learned from others, hearsay and even dreams. While a few states recognize a will as having been executed in state court if there is no probate action, the majority of states recognize a will as a legally binding document and require an oath of the parties to a testator’s act. Generally, a legal representative of the decedent’s estate presents the sworn statement at the testator’s expense to a probate court, whether or not the testator is present.

 

There are also some states that allow the testator or his estate to appoint an agent to control certain aspects of the estate during the administration of the will. Such an agent may have the responsibility for distributing the assets to beneficiaries and for the collection of monies owed to them. This aspect is important in limited liability situations because the testator may be personally liable for the actions of the agent or his estate. This is not the case in all jurisdictions however and is a question that must be considered on a case by case basis.

 

probate lawyerEstate planning is an essential component of estate tax planning and must be undertaken as a part of any estate plan, said a probate and estate planning attorney. In order to successfully revokes a will, a testator must be in financial difficulty, there must be a substantial uncertainty about the future of the testator’s estate and the testator must be in compliance with applicable estate tax laws. Some jurisdictions refer to a will as a “power of attorney” and others to a “writing of trust.” The term will does not imply that the document itself is invalidated by the federal law, it simply provides for the existence of a prior written document that was not properly executed under the provisions of the law.

 

If you would like to learn more about Probate of Wills and how it affects the process of wills in the United States or other countries, please contact a qualified lawyer. An experienced estate law attorney can assist in completing your state required documentation and can assist you in discussing your particular probate needs. A qualified probate lawyer should be willing to meet with you and discuss the details of your situation and provide insight into probate matters. An experienced probate lawyer in Georgia should be available for an initial consultation and/or a free legal consultation.