Legal Question in Wills and Trusts in Illinois
Do I need an attorney to apply for guardianship of my adult son, who is developmentally disabled? He would not contest this, and I would choose his older brother to be co-guardian. We live in DuPage County, Illinois.
2 Answers from Attorneys
It would be wise to consult with an attorney. Although you could legally do it yourself, it will be much easier with an attorney.
There are certainly people who get through it on their own, especially with a clear physician's statement, but using an attorney to get the guardianship set up is usually best. Note that a second attorney is usually appointed (called a guardian ad litem) to look out for the ward's interest in the proceeding, but the judge can waive that in particularly clear circumstances. After establishing the guardianship, the follow-up reporting can probably be done on your own, especially if the financial aspects are simple. If an attorney helps you at the start, the reporting in future years should be discussed. Here is the statutory information for your reference: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500050HArt.+XIa&ActID=2104&ChapterID=60&SeqStart=14300000&SeqEnd=17750000