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

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

Archive