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Guardianship

Several challenging scenarios can result in the need to attain legal guardianship. The team at Strohschein Law Group has the expertise and dedication to support you in your unique situation.

What to expect
Guardianship is a legal relationship whereby one person receives the court-appointed authority to make medical or financial decisions for another person. For example, guardianship would be needed when a child with special needs turns 18 years old or if an adult loses the capacity to make personal decisions due to dementia, stroke, mental illness, accident or other challenges

Guardianship Case Studies

Adult Son Sought Assistance for Father with Dementia

Alex, a father with moderate dementia symptoms, required guardianship after he tore up the Durable Powers of Attorney for Health Care and Property that he had previously put into place. Due to the disease, Alex no longer had capacity to execute new Powers of Attorney granting authority to his son who lived out-of-state. Alex's daughter who lives locally was unable to assist her father with care needs, and was somewhat financially dependent upon her father as well.

Upon creation of the guardianship estate, the adult son sought assistance in obtaining Veteran's benefits which resulted in Alex receiving an additional $1,644 in a monthly benefit due to Alex's wartime service. The Veteran's benefit was extremely helpful in paying for the in-home care that Alex required. The adult son also oversaw the details of the reverse mortgage that Alex had put into place several years prior, and took steps to sell the residence when Alex was no longer able to live in the home. The adult son sought and received approval from the guardianship court for these steps to help Alex.

Minor Child Who Received Significant Inheritance Required Guardianship

Strohschein Law Group was asked to assist Jenny's mother in a guardianship proceeding. Jenny's father died unexpectedly, while she was still a minor, leaving a significant inheritance to her since the parents were divorced. A gift to a minor child needs to be managed by the court, so Jenny's mother was appointed as a guardian of the estate for her daughter in order to manage the funds for Jenny's benefit. The mother provided the Court with an Inventory of the guardianship estate assets and also a Budget so that permission could be granted by the Court to use the inheritance funds for Jenny. Upon annual review of the assets and how they were spent according to the budget order, the Court considered additional legitimate uses for the inheritance. Upon turning 18, the guardianship would expire and Jenny would take over control over the funds. Jenny voluntarily agreed to place the money in trust after the guardianship ended in order to protect the funds for her benefit.

Forms
Guardianship Questionnaire

Initial Meeting Preparation

NOTE: The above examples are provided as a tool to begin the discussion of guardianship situations and are not intended as legal advice. Do not rely upon the above examples, but rather the advice of an experienced attorney to guide you based on your particular factual situation.


"Please thank Linda for handling things so nicely with Mom. I appreciate that she let Mom know that I was making decisions with her best interest in mind. I thank you both for your help in handling this."

J.T. Mishawaka, Indiana

"Thank you for your kind words for Dad. More so, thank you for all of your help over the last months. You have shown us more than your fine proffessionalism. You have also shown us compassion and friendship - very much appreciated."

E.B. Glendale Heights, IL