DCFS Investigation & appeals

The Probate Act of 1975 addresses the process for obtaining guardianship of an adult person with disabilities and also the process for obtaining guardianship of a minor child.  Under the Probate Act, a guardian may seek guardianship of a disabled adult or minor child’s person and / or estate. Guardianship of a Person is used when the minor or the disabled adult has no property and no income.  A Guardian of the Estate has the care, management, and investment of property owned by the minor child or disabled adult.

In order to provide and to make decisions on behalf of an adult with disabilities, without documents providing for an agent to make decision on behalf of an adult with disabilities, seeking a guardianship of the person will be necessary.  Many times this is a simple procedure if the guardianship is not contested.  Sometimes there is a dispute between the family members as to who should act an guardian of the adult person or the acts of the guardian on behalf of the adult are questioned, such as whether a nursing home is appropriate or home care.

Most adversarial guardianship proceedings occur when there is a dispute with respect to whether there should be a guardian appointed, who should act as the guardian, or question as to the acts of the guardian already appointed. 

Sometimes the adult with disabilities is contesting the need for the guardianship.  A contested guardianshiphearing may be required if the parents of an adult child with mental disabilities believes their child is not capable of making appropriate decisions for his or her own care and the adult child believes he or she is competent to make his or her own decisions.  A contested guardianship proceeding may involve an elderly parent spending money in a manner that may be a result of his or her competence and the children have concerns or the children wish to protect their elderly parent from being a victim of financial or personal abuse. Most adversarial guardianship proceedings occur when there is a dispute with respect to whether there should be a guardian appointed, who should act as the guardian, or question as to the acts of the guardian already appointed.

Guardianship of a minor child under the Probate Act provides that a non-parent parent may seek guardianship of a minor child if the parents voluntarily relinquished physical custody of the child and is unwilling or unable to make and carry out day to day child care decisions; failed to appear for a hearing after proper notice and is unwilling or unable to make and carry out day to day child care decisions; and / or consented to the guardianship, either in open court or by a written document that is dated, signed and notarized. 

A properly planned estate will have designated a guardian of a minor child which would facilitate the proceeding for legal guardianship in probate court.

Dependent on the particular circumstances, a non-parent may seek to obtain guardianship of a minor child under the Probate Act or may seek Parental Responsibilities under the Illinois Marriage and Dissolution of Marriage Act.  Considering the extreme importance of handling these cases appropriately, it is necessary to work with an experienced attorney aware of the appropriate laws that affect your particular unique situation.  Laura Epstein and Nicole Beran have the experience in these situations in order to assist you with the exemplary legal guidance to which you and your loved ones depend.