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

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

Archive