Legal Question in Family Law in Illinois

Re: How much power does guardianship give?

When guardianship of an adult is sought, a petition must be filed with the court, and that petition is supposed to set forth the disabled adult�s annual income, and the value of the disabled adult�s real property and personal property. When a person is actually appointed the Guardian of a disabled adult, they must file an oath with the court, and post a bond with the court to ensure faithful execution of their duties. On occasion, the Guardian is required to file an inventory of the ward�s estate, particularly where the estate is sizeable. Thereafter, the Guardian must file an annual report with the court, and the report usually includes an update to the inventory.

You can find out much about your grandmother�s estate just by reading the above-mentioned documents filed with the court. They are public documents. These documents are held by the circuit court clerk located in the main courthouse building in most counties.

Yes, a Guardian has the ability to move property around, and spend it, and more. However, a Guardians is a fiduciary to the disabled adult, and his actions will be subject to great scrutiny if cause is shown to do so. Stay on top of the continuing case, and if something doesn�t seem right, visit a lawyer. As for inheritance, your grandmother�s estate will pass to her heirs in accordance with the law, unless the Guardian has done something to alter this, in which case, he will have to explain and justify his actions. Again, if this happens, see a lawyer.

Re: How much power does guardianship give?

He cannot do what he wants with her money, he simply takes her place in making decisions about her property. He has a duty to act in good faith. The property will go to her husband, if he is deceased, her kids, if she has any and thereafter down the line according to Illinois law.

Re: How much power does guardianship give?

If your grandmother does not have a will, then the distribution of her estate will follow the intestacy laws of Illinois. If her husband is deceased, then it will be distributed equally among her descedants (her own sons and daughters).

Very truly yours,

Thaddeus J. Hunt, Esq.