Probate and Guardianship

Guardianship Cases

Typically, there are three scenarios that warrant the appointment of a guardian in non-family law matters in Illinois. First, when an adult person has a mental handicap or experiences dementia rendering them incapable of making health or financial decisions for themselves. Second, when an adult has health issues and they are either unable or incapable of making informal decisions for themselves and refuse to authorize a power of attorney. Third, when a minor child is involved with a personal injury claim, or inherits money during their minority. In all three of these situations, it may be important for a relative, or close friend, to be appointed guardian for that person to make health or financial decisions on their behalf and in their best interests.

There are generally two classifications for guardians: one for Guardianship of the Person, and one for Guardianship of the Estate. Guardians of the Person make medical and other decisions involving the general welfare for a disabled adult. This specific guardianship designation does not involve handling the individual’s finances. Guardians of the Estate handle financial matters, but not the well-being and care of the person. Usually, if the disabled individual needs both types of guardianship, the same individual will be appointed by the court.

Guardianship cases can sometimes be contested when multiple family members seek input for an elderly parent or close relative. Emotions may run high when addressing needs of elderly parents or friends. Salvi, Salvi & Wifler has helped many clients with both routine and complicated Illinois guardianship cases across the Chicagoland area.

Contact our office to set up a consultation to enable us to guide you through the process, and structure the appropriate guardianship for those who may require assistance with daily decision making or financial transactions.

Probate

When a loved one passes away, it is often difficult to know what to do. Did the deceased person have assets and holdings requiring the opening of a probate estate? Can probate be avoided? What assets/holdings are subject to probate? The answers to these questions vary greatly from person to person depending on whether the deceased had an estate plan and what type/amount of assets they owned at the time of their death.

Salvi, Salvi & Wifler is well-versed in probate situations and its legal requirements. If you are in need of assistance, contact our office to schedule an appointment and we would be glad to advise you on options and assist you through the process.