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

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

Archive