DGAA bLAWg

Who Takes Care of the Children after the Death of a Parent

Web Admin - Thursday, November 28, 2013

By: Jay A. Andrew

http://www.dgaalaw.com/jay-andrew.html 

Determining who becomes guardian of a child in the unfortunate event that their parents pass away is an important decision. While parents have the right to make such decisions during their estate planning process, not everyone makes these preparations, and that leaves the decision of who raises the children up to the court. Illinois law guides the court as well as it can, providing general provisions for who qualifies to become a guardian in the Probate Act of 1975.

How the Judge Chooses a Guardian

Illinois law provides considerable freedom to judges in choosing who assumes guardianship of a minor, although the law does place some general restrictions on the court. The guardian chosen must be over 18, a resident of the United States, not convicted of a felony and of sound mind.

For most judges the question is decided by what is in the minor’s best interests of the minor child. The act often repeats that phrase, “the minor’s best interests,” stating that it should guide the judge’s decisions as to who assumes the role of guardian.

The procedure for the choice of guardian starts with the notification of interested persons, usually close family members, that the court will appoint a guardian. People may then petition the court to act as guardian for the minor, and the court will weigh the evidence and use its judgment to try to determine who can best raise the child. Minors over the age of 14 also have the option to nominate their own guardian, subject to review by the court. While these proceedings can often go smoothly and amicably, they can also be more acrimonious, depending on the family relationships involved.

If you are a parent and haven’t made provisions for guardianship of your children you should consider whether or not you want a judge that has never met you and barely met your child to make the determination of what is in their best interests.

Other complicating factors that an estate planning attorney can help you work through are disabled children, learning disabled children, how to keep all of the children together and how to manage combined families along with many other issues that are part of the modern family.

How to Avoid the Guardianship Proceedings

In order to avoid a drawn-out court battle, parents can take control of the situation. Illinois law gives parents the opportunity to name a guardian during their lifetime either in their will, or in a separate document. While the court still reviews this choice, the parents get much more control over their child’s future if they appoint a guardian. Rather than making the court guess at who would best raise the child, it can take the parents’ preferences into account, only overruling them if it finds “good cause” that the parents’ appointment would not be in the minor’s best interest.

If you are thinking about preparing a Will, or want to ensure the future security of your children, contact a Chicago estate planning lawyer today. We serve many northwest suburban areas including Arlington Heights, Schaumburg, Buffalo Grove, Palatine, Rolling Meadows, and other nearby communities.


Recent Posts


Tags

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

Archive