Child Guardianship and Power of Attorney in Illinois
In Illinois, a legal guardian is an individual who is given legal authority by the court to take care of the personal and property interests of another called a ward. When neither parent is deemed suitable to be their children’s guardian, this can be anyone from a family member to a close friend. While parents have the right to determine legal guardians for their children, the courts can appoint one in their place in case the children require special protection.
Once guardianship is established, the court will not discharge the order until there has been a significant change in circumstances since it was granted. As such, the guardian has to prove the guardianship relationship will be against the best interests of the child using clear evidence. Before coming to a decision, the court will consider the following:
- The relationship of the child with the parents and other family members in the house.
- The stability of the parties involved.
- The ability of the parent to provide a safe and nurturing environment for the child.
- The connection the child has formed with his/her home, community and school.
Biological parents of minor children can allow another individual to provide temporary guardianship of their children until they are able to take care of them again. To do this, they need to submit an Illinois minor child power of attorney form. However, the guardian they appoint has to be at least 18 years of age, a U.S. citizen and of sound mind besides other requirements. Plus, the alleged guardian has to file a petition with a court in the appropriate county for the petition to be valid.
The petition should include the name, birthday and residence of the children involved their guardian as s well as the name of their relatives. This information is required by the court to establish Power of Attorney and guardianship.
Talk To An Experienced Guardianship Attorney At Cesario & Walker
At Cesario & Walker our attorneys have more than 80 years of combined experience in dealing with power of attorney and guardianship cases. In other words, we have the insight and skills to represent you in establishing yourself as a suitable guardian in court. Our attorneys can help you understand the legal process, your responsibilities and represent you in the best light possible. Get in touch with us today in Hinsdale, IL, for a consultation.