DGAA bLAWg

The Importance of Having a Will that Provides for Minor Guardianship

Web Admin - Saturday, November 28, 2020

Kenilworth estate planning attorneyAlthough you may not think you need it, an estate plan can provide peace of mind and the assurance that your family will be taken care of after your death. Documenting your wishes ahead of time eliminates uncertainty and disputes, while maximizing the value of your estate when it is distributed among your beneficiaries. This is especially if you have children or other family members who rely on you for support. An experienced estate planning attorney can assist you with creating a will and trust that is appropriate for you and your family, including guardianship of any minors. 

What Is a Last Will and Testament?

Every estate plan should include a will, which is also sometimes referred to as a last will and testament. This legally binding document clearly states a person’s intentions or wishes after his or her death. The issues covered usually include who will act as the executor and who will inherit the estate. Regarding the estate, it can outline what will happen to the decedent’s possessions, such as whether they will be left to another person, an organization, or donated to charity. In addition, a will states who will become the guardian of any minor children.

Legal Guardianship of a Minor

Generally, only a parent of a child has the authority to make decisions about the child’s care. Sometimes, a parent is unable or chooses not to make decisions regarding his or her child’s care. In these situations, a person who is not the parent can become the legal guardian of the child. Legal guardianship permits an individual who is not the parent to make care decisions for a child, just like a parent would. This can include important matters such as the child’s healthcare, living situation, and education. For example, a minor cannot make decisions regarding his or her own medical care or treatment, only an adult can. The person with authority to make care decisions is called the child’s guardian, and he or she does not have to be a relative of the child.


One of the main reasons it is vital to include decisions about the guardianship of a minor in a will is when a parent dies. If no one is designated or appointed to have the responsibility of handling the child’s affairs, the court will determine who receives that authority. In cases where there is one surviving parent but he or she is incapable of raising the child, a guardian may be appointed to ensure the safety and well-being of the minor. Including this important issue in a will allows the person drafting it to be in control of who takes on this important responsibility. It is crucial to consider both short- and long-term factors of the child’s welfare, and who is best-suited for that role. Then, discussions between both parties should take place related to the specific wishes related to raising the minor. A Memorandum of Wishes can be drafted to address any and all concerns. This can also safeguard against relatives fighting over who should care for the child, which can cause great anxiety and emotional turmoil for the child as well as other family members. 

Contact a South Barrington Estate Planning Lawyer

Guardianship of a minor is especially important to ensure the well-being of that child. That is why it should be an essential part of your estate plan. Including this designation can help prevent arguments and disputes among family members in the event of your death. At Drost, Gilbert, Andrew & Apicella, LLC, we are ready to put our proven methods to work for you and your family. Our accomplished Schaumburg estate planning attorneys will help you draft an estate plan that includes guardianship of a minor if necessary. To arrange a free consultation, call our office today at 847-934-8000.


About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.






Source:
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=4001&ChapterID=61



.




Recent Posts


Tags

PTSD medical research home inspection lawyer traffic violations Illinois insurance lawyer Palatine trusts lawyer wrongful termination insurance claim dispute attorney Family Medical Leave Act slip and fall accidents Rolling Meadows insurance attorney DMV workplace sexual harassment Buffalo Grove injury lawyer Arlington Heights personal injury attorney slip and fall Illinois business law atorneys employment contract life insurance Kenilworth estate planning attorneys Palatine business attorney nursing home negligence School Visitation Rights Act Schaumburg car accident attorney murder defense estate planning Deer Park criminal attorney Illinois Transfer on Death Instrument creditors Arlington Heights wills and trusts lawyers distracted driving accident victims commercial real estate meal breaks Barrington personal injury lawyer breathalyzer test Arlington Heights pedestrian accidents motorcycle accident cell phone Buffalo Grove probate lawyer Illinois employment law attorneys fault based insurance life insurance claim denial, denial of life insurance claim unauthorized overtime Illinois probate lawyer Arlington Heights car accident lawyer Chicago insurance law firm probate claims process loss of consortium Schaumburg corporate attorney employee rights Illinois mortgages personal injury lawyer Chicago estate planning Long Grove real estate lawyer forming a corporation in Illinois insurance attorney Chicago attorney Crystal Lake personal injury lawyer defective products Illinois employee rights attorney. back injuries trucking accidents Mt Prospect Attorney probate fees Chicago biking tips Chicago estate planning lawyer Inverness corporate attorney Des Plaines life insurance claims Palatine traffic lawyer Illinois personal injury lawyer Des Plaines accident attorney mass shooting traumatic brain injuries power of attorney for healthcare pregnant women rent to own real estate contracts taxes head on collisions Illinois living will probate process low-ball insurance settlement attorney fees pedestrian-automobile accident Schaumburg life insurance attorney Des Plaines injury law firm foreclosure jet ski accidents Inverness insurance attorney Whistleblower Claims ken apicella elder abuse Palatine employment lawyer Illinois insurance claim dispute lawyers Schaumburg estate planning attorney overtime violations Barrington medical malpractice lawyers Deer Park motorcycle accident lawyer Des Plaines drug crimes lawyer Des Plaines real estate attorney dynasty trusts insurance agents Crystal Lake pedestrian accident lawyer employment law sexual harassment owner responsibility Long Grove estate planning civil rights violation power of attorney beneficiary complications Barrington Traffic Lawyer suspended license real estate leasing Inverness injury lawyer Palatine Attorney Palatine civil litigation lawyer medical malpractice claims Schaumburg estate planning lawyer medical marijuana Chicago insurance claim attorneys Long Grove real estate attorney car accident Barrington Illinois estate planning lawyer modern family estate planning personal injury law firm living trust benefits Illinois small business Illinois car accident attorney car accident lawyer IRA benefits Illinois trusts attorney Schaumburg injury lawyer digital assets rollover accidents Joliet general practice lawyers coronavirus Barrington employment law firm Do Not Resuscitate Rolling Meadows DUI lawyer insurance denials deed transfer ACA startup company Exclusions Rolling Meadows traffic law firm traffic laws hit and run accident reckless homicide Arlington Heights Traffic Lawyer dog bites estate tax material misrepresentation college kids drug possession Illinois attorney real estate zoning Rolling Meadows insurance lawyer Barrington litigation attorney Inverness DUI lawyer pet bites Federal Food Drug and Cosmetic Act Des Plaines insurance attorney hands free device bike accident anesthesia errors Schaumburg medical malpractice lawyer Des Plaines personal injury lawyer liens Illinois traffic accident lawyer dealing with problem employees mortgage Schaumburg civil litigation attorney insurance agent negligence Buffalo Grove real estate attorney homestead rights Arlington Heights personal injury lawyer Kenilworth estate planning lawyer Crystal Lake accident attorney Schaumburg personal injury lawyer breach of contract Barrington business law firm whistleblower protections license suspension rollover car crashes liability foreclosed rental property real estate defective products lawyer Illinois corporate lawyer speeding DUI defense DNR Buffalo Grove employment lawyer real estate attorney Illinois DUI attorney income distribution deducation FMLA comparative negligence Illinois estate planning law firm Rolling Meadows insurance dispute lawyers Des Plaines DUI attorney trauma after an accident senior citizens Crystal Lake car accident lawyer estate plan Inverness accident lawyer Crystal Lake traffic lawyer Des Plaines pet law attorney Schaumburg employment attorney construction accidents Class A misdemeanor Barrington real estate lawyer comp time trust payments Schaumburg drug defense lawyer financial advisors insurance claim delay Rolling Meadows insurance dispute lawyers, insurance dispute Buffalo Grove life insurance attorney drunk driving job lawyers insurance claim denial Illinois criminal defense attorney product liability pedestrian accidents Des Plaines collections attorney Colin Gilbert Palatine law firm employment law, Illinois employment laws icy parking lots driving Fourth of July Schaumburg probate attorney Inverness real estate attorney Illinois employment attorneys personal injury claims landlord medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers new real estate form Barrington criminal defense lawyer Mount Prospect real estate lawyer Schaumburg elder law lawyer Arlington Heights trucking lawyer filing a medical malpractice claim Illinois real estate lawyer Illinois elder law attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, Des Plaines tax law firm Crystal Lake civil litigation lawyer installment contracts Illinois workplace lawyer Illinois jet ski accident lawyer Chicago corporate attorney minimum wage Chicago trucking accident attorney criminal Crystal Lake tax lawyer Palatine personal injury lawyer Colin H. Gilbert Employment Discrimination Law bicycle accidents unpaid overtime Deer Park real estate law firm personal injury attorney Chicago traffic lawyer texting while driving Schaumburg wrongful death attorney work unions Schaumburg insurance lawyers lapse in policy Arlington Heights wills and trusts attorney estate planning for college students institutional trustee Deer Park DUI lawyer employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Rolling Meadows business lawyer Buffalo Grove personal injury attorney Inverness civil lawyer Arlington Heights insurance attorney severance agreements Crystal Lake insurance lawyer Arlington Heights Attorney operating agreements Illinois workers compensation attorney liability claims Detainer Actions privacy laws DGAA special needs trust Arlington Heights criminal lawyer Palatine probate lawyer Illinois Workers’ Compensation Commission life insurance policy hiring employees Rolling Meadows personal injury lawyers Thanksgiving drunk driving statistics real estate contract Rolling Meadows corporate lawyer products liability overtime pay Arlington Heights employment law attorneys Schaumburg criminal attorney commercial leasing Barrington criminal lawyer problem employees Rolling Meadows criminal attorney holiday statistics Inverness probate lawyer Illinois business lawyer trucking accident lawyers wills and trusts condo unpaid assessment Arlington Heights estate planning attorney Chicago car accident lawyer Illinois workers compensation lawyer changes to mortgage law golf accidents Illinois bicycle safety blood alcohol content bad faith insurance claims insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys fiduciary rule delay Barrington estate planning lawyer Barrington life insurance lawyer Des Plaines personal injury lawyers Illinois wills and trusts attorneys Arlington Heights lawyer Buffalo Grove corporate attorney Long Grove estate planning attorneys consent to a search DUI FSLA eluding a police officer car accidents preventable medical errors Self-Directed IRA Accounts elder law GM ignition switches Des Plaines motorcycle accident attorney Palatine elder law attorney Illinois pet lawyer Arlington Heights traffic attorney drugs IRS motorcycle accident lawyer workers comp employment lawyer Palatine employment law lawyer capital gains tax ObamaCare Illinois medical malpractice case Rolling Meadows drug defense attorney denied insurance claims paid sick leave insurance negligence guardianship attorney investment property texting and driving digital evidence Chicago employment attorney pet law real estate attorneys Crystal Lake injury attorney car crash injuries fatal car accidents Illinois Probate Act of 1975 Illinois gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Illinois collections attorney employee misclassification insurance dispute attorney deadly crashes pain and suffering Barrington employment attorney Illinois insurance claim dispute lawyer corporate law Illinois insurance attorney privacy Buffalo Grove traffic lawyers blended families wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace South Barrington real estate attorney most common reasons for life insurance claim denials Barrington civil litigation attorney DUI attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Des Plaines drug lawyer estate planning lawyer Mount Prospect wills and trusts lawyers truck collisions Barrington employment law attorney Barrington personal injury attorney medical malpractice compensation Barrington drug crime attorney underinsured motorist Illinois trucking safety Illinois insurance dispute lawyers natural gas explosion estate attorney auto accidents life insurance lawyer Arlington Heights accident attorney boating under the influence cell phone accidents LLCs Rolling Meadows employment attorney Fair Labor Standards Act internet marijuana Illinois registered agent probate claims real estate lawyer tax attorney sole proprietorship Deer Park traffic accident attorney Inverness elder law lawyer child safety insurance claim dispute traffic deaths jet ski Illinois wills and trusts Illinois will lawyer llinois Real Estate Lawyers Association murder car collision irrevocable trust social media after death Rolling Meadows real estate attorney personal injury claim Schaumburg personal injury lawyers gift taxes Illinois personal injury attorney Mount Prospect elder law attorney Palatine workers compensation lawyer Illinois lawyer estate planning attorney rumble strips Schaumburg estate attorney Arlington Heights real estate lawyer IRA trust transfer estate planning trusts Schaumburg traffic lawyer expungement South Barrington real estate lawyer Illinois employment laws Arlington Heights wills and trusts lawyer Palatine corporate law attorneys Barrington workers compensation attorney Crystal Lake employment lawyer Palatine injury attorney Buffalo Grove personal injury lawyer Illinois defective products attorney Illinois employment law bicycle dooring accidents Crystal Lake medical malpractice law firm car crash real estate closing trench injuries employment attorney Palatine life insurance lawyer Palatine estate planning lawyer trusts Super Mario Palatine drug lawyer Rolling Meadows litigation lawyer Arlington Heights medical malpractice lawyer employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Palatine construction attorney Illinois employment lawyer Illinois traffic attorneys Illinois civil litigation lawyer pedestrian accident Long Grove estate planning attorney Illinois medical malpractice attorney boating accidents traffic offenses Crystal Lake business law attorneys personal injury Riverwoods estate planning lawyer personal injury accidents independent contractor CAM license reinstatement insurance disputes Buffalo Grove traffic attorney involuntary manslaughter Rolling Meadows Traffic Lawyer Home Sale Contingencies food poisoning subcontractor Palatine insurance lawyer underfunded trust compensatory time Affordable Care Act insurance claim employees disability benefits Illinois personal injury fiduciary rule drug crimes lawyer Policy Cancellation Des Plaines real estate lawyer Schaumburg employment law attorneys Palatine criminal defense lawyer Illinois pedestrian accident attorney medical malpractice Deer Park accident attorney Illinois red light cameras Illinois traffic attorney Buffalo Grove criminal defense lawyer Arlington Heights TBI attorney accidental death benefits dram shop law Illinois medical malpractice lawyers condo association digital media accounts, estate planning, Arlington Heights estate planning attorney, sexual images Crystal lake insurance dispute attorney Schaumburg pedestrian injuries, pedestrian fatality Illinois traffic laws Crystal Lake car accident attorney Illinois tax attorney Rolling Meadows personal injury attorney digital information Schaumburg real estate lawyer Rolling Meadows life insurance claim denial attorney cell phone tower data Jay Andrew Inverness real estate lawyer Illinois LLC creation Illinois Sales Representative Act Rolling Meadows probate lawyer POA advance healthcare directive drug crimes Illinois injury lawyer Buffalo Grove medical malpractice lawyers residential real estate traffic tickets Inverness estate planning lawyer Illinois Trust Code revenge porn Rolling Meadows Attorney traffic accidents probate Palatine civil attorney spinal cord injuries Barrington boating accident attorney preventing accidents Rolling Meadows criminal lawyer health insurance dispute Palatine corporate attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Crystal Lake traffic attorney Barrington injury attorney car accident lawyers Attorney Ken Apicella Retaliatory Discharge Buffalo Grove car accident lawyer caretaker rights Des Plaines Traffic Lawyer digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Crystal Lake law firm Inverness traffic law firm Rolling Meadows employment law attorneys living trust BUI Des Plaines civil attorney employee discrimination insurance dispute Crystal Lake employment attorney construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Palatine traffic accidents Barrington estate planning attorney denied insurance claim license revocation Rolling Meadows estate planning attorney field sobriety test car crashes premises liability top life insurance claim denials Illinois medical malpractice claim Illinois traffic ticket lawyer Des Plaines personal injury attorney pay when paid contract vacation home fines Rolling Meadows personal injury lawyer denial of insurance claim Arlington Heights car crash attorneys Home Remodeling Repair Act brain injury civil litigation attorney wills Palatine real estate lawyer Arlington Heights tax lawyer Food and Drug Administration's Food Safety Modernization Act Crystal Lake pet attorney Crystal Lake medical malpractice lawyer insurance denial appeals Deer Park personal injury lawyer Palatine employment attorney Des Plaines criminal attorney wage theft swimming pools first degree murder insurance claim denials Schaumburg Attorney Illinois Human Rights Act Arlington Heights injury attorney drug crime Schaumburg construction accident lawyer Rolling Meadows medical malpractice lawyers murder charges Illinois law Illinois Smoke Detector Act Buffalo Grove law firm Illinois personal injury lawyers Crystal Lake criminal defense attorney insufficient documentation Des Plaines medical malpractice attorney crossover accidents Crystal Lake personal injury attorney Landlord Tenant Ordinance IRELA Legal Info medication errors Kenilworth estate planning attorney Chicago employment lawyer Illinois estate planning attorney trustee loopholes Illinois insurance disputes Schaumburg criminal law attorney Crystal Lake employment law attorney Deer Park medical malpractice attorney commercial leases Rolling Meadows boating crash lawyer Deer Park workers compensation lawyer Liquor Control Act TBI traffic crimes Illinois speeding lawyer marijuana crimes attorney Illinois motorcycle accident lawyer Crystal Lake will lawyer boating DUI small business healthcare Rolling Meadows accident lawyer how to avoid common denials of life insurance claims Forcible Entry Crystal Lake bike accident lawyer surgical mistakes Long Grove wills and trusts attorneys underage DUI natural gas Crystal Lake estate planning lawyer vacation home Rolling Meadows tax attorney Rolling Meadows car accident lawyers Illinois rollover accident lawyers license Illinois employment law firm Illinois insurance claim attorney Rolling Meadows uninsured motorist appealing an insurance claim workers compensation in terrorem provision Schaumburg personal injury attorney Barrington attorney insurance adjusters Transfer on Death Instrument rest breaks Illinois wrongful termination lawyer federal crimes Illinois workplace discrimination attorney workers compensation benefits Illinois home inspection distracted driving accidents Rolling Meadows employment law attorney automated cars Arlington Heights employment attorney Deer Park traffic lawyer manufacturing Illinois real estate Inverness personal injury attorney Illinois boating accident lawyer living trust vs will Illinois employment law attorney controlled substance Des Plaines claims law firm criminal defense probate lawyer clemency criminal law federal regulations for LLCs Illinois estate planning Crystal Lake medical malpractice attorneys insurance claims Illinois driving without license landlord tenant law Illinois construction accident attorney criminal record traumatic brain injury Illinois insurance claims lawyers no contest clauses wrongful death insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Rolling Meadows traffic attorney pizza emoji BAIID traffic violations defense Palatine punch death Chicago lawyer civil litigation Buffalo Grove insurance claim dispute lawyers right to work construction contracts spinal cord injury unfunded trust Deer Park employment law attorney BAC cause-of-death exclusions Chicago life insurance attorney Illinois job attorney Illinois Wage Payment and Collection Act DUI penalities caregiver contracts Rolling Meadows marijuana attorney living wills estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, denial of life insurance healthcare claims Arlington Heights wills and trusts attorneys Chicago will attorney business litigation agent

Archive