Guardianships Keep Children Safe and Loved
Last updated on May 19, 2025
As a parent, you have enough stress. You should not need to worry about your children’s future; naming a guardian can help you rest easier knowing your children are in trusted hands. At North Shore Estate Planning, we are here to help. Our compassionate team of lawyers in Chicago provides peace of mind by directing you through the process of addressing guardianship and estate planning. No matter where you are in Illinois, we can help.
We appreciate your unique situation and can create a plan that ensures your children’s future is secure and loving. For a free consultation, call 847-449-8864 or schedule an appointment online.
How Parents Can Establish Guardianship in Illinois
Many parents don’t realize that their will can name a guardian. This is the most common way to name someone you love and trust to care for your children if you cannot. You can set up guardianships in a way that best fits your family’s specific needs, which could include choosing a suitable type of guardianship and strategies like naming multiple guardians.
In some cases, children with disabilities may need special guardianship arrangements. For instance, if your child has an intellectual disability, you may need additional paperwork to ensure they have support when they are an adult. We can help you incorporate this into your will, long-term care and financial plans.
How to Talk about Guardianship with Family
Discussing guardianship with family can be challenging and may feel uncomfortable. Here are some tips to help you start the conversation:
- Be honest: Share your concerns and explain why you are making these plans
- Be clear: Explain your wishes and how you want your children to be cared for
- Be open: Listen to your family’s thoughts and feelings
- Be reassuring: Let them know this is about ensuring your children’s future, not about doubting their love or ability
Having these conversations can help ensure everyone understands and respects your wishes.
Guardianship of Adults in Illinois
Unlike guardianship of a child, adult guardianship requires the court to determine that the individual is incapacitated or unable to manage their personal or financial affairs. The incapacity could be due to a variety of factors, such as age-related decline, illness or disability.
Guardianship of an adult is not a one-size-fits-all solution. It doesn’t automatically grant access to the individual’s finances. Instead, there are various levels of guardianship, each addressing different needs. For instance, legal guardianship focuses on decision-making for personal matters, while health care guardianship deals with medical decisions. Fiscal guardianship, on the other hand, involves managing the individual’s financial affairs.
It’s important to note that guardianship can last for different durations, depending on the circumstances. In some cases, it may be temporary, offering support during a period of recovery. In other situations, it might be permanent, providing long-term assistance. Each case is unique, and the court will determine the appropriate timeframe based on the individual’s needs.
Frequently Asked Questions about Guardianships
Here are some common questions and answers about guardianship in Illinois to help you understand your options and responsibilities.
Who can parents name as an intended guardian for a child in Illinois?
In Illinois, parents can name anyone they trust as an intended guardian for their child, like a family member or a close friend. It’s essential to choose someone who will act in the child’s best interest.
Does naming a guardian in a will mean that the named person is obligated to care for a child?
Naming a guardian in a will does not automatically obligate the person to take on that role. The court will consider the nomination, but will ultimately decide based on the child’s best interest.
My child has special needs. Is a guardian enough?
A guardian may not be enough for a child with special needs. To ensure comprehensive care and financial support, you might also consider additional planning, such as setting up a special needs trust.
Can a stepparent be a guardian?
Yes, a stepparent can be appointed as a guardian. However, the court will evaluate the situation to ensure this arrangement serves the child’s best interest.
How do I know my kids will stay together if I pass away?
To increase the likelihood that your children will stay together, clearly express your wishes in your estate plan. Discuss your preferences with the intended guardian and ensure they are willing to keep your children together.
Make Your Children’s Future Care a Priority
Your children’s future is too important to leave to chance. Let the attorneys at our estate planning law firm guide you through the process with care and competency, ensuring you do all you can to protect your children. Call 847-449-8864 or message us online for a free consultation.