Naperville Guardianship Lawyers
If your loved one is not able to make healthy financial and medical decisions on their own, you may want to consider a guardianship, so you can help protect them. At the Naperville law offices of Kuhn, Mitchell, Moss, Mork and Lechowicz, we understand that guardianship is a highly specialized thing. We will get to know your family in order to come up with a guardianship or plan for disabled adult representation that works for you.
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Public Guardian
Robert I. Mork has served as Public Guardian for DuPage County since 2001. Contrary to popular belief, the Office of the Public Guardian has no connection with the County of DuPage. Rather, the Office of the Public Guardian was established by the Illinois General Assembly under the Illinois Probate Act of 1975 and operates as a totally separate and independent office.
The Public Guardian for DuPage County is appointed by the Probate Judge of the Circuit Court of DuPage County to serve as guardian for disabled adults with assets in excess of $25,000. If an individual's assets are less than $25,000, the case is referred to the Office of State Guardian.
In most cases, the Public Guardian is appointed as guardian of both the Person and Estate of the disabled individual, meaning the Public Guardian is charged with the responsibility of handling all of the disabled person's healthcare and financial affairs. There are instances, however, when the Public Guardian is appointed to serve as only guardian of an individual's Person or as guardian of an individual's Estate.
The Public Guardian is asked to file petitions for guardianship by nursing homes, hospitals, police departments, social workers, financial institutions, and other interested parties. On occasion, the court will appoint the Public Guardian directly in cases of an emergency nature which come to the court's attention. Additionally, the Public Guardian works closely on many cases with DuPage County Senior Services to protect the rights of disabled adults as well as to serve in an advisory capacity for cases that remain under investigation.
In certain instances, the Public Guardian is asked by family members to act as guardian of the Person and Estate of a loved one. In these cases, children or other relatives of a disabled person recognize the need for their loved one to have a guardian, but are reluctant to disrupt a family bond by seeking guardianship of the loved one themselves. Thus, in select circumstances, the Public Guardian has been appointed at the request of family members to safeguard a disabled person's funds, manage a disabled person's finances, or secure safe placement in a care facility following a hospitalization.
Many of the Public Guardian's cases involve allegations of physical or financial abuse, which requires the Public Guardian to take immediate action to protect the safety, welfare and finances of the disabled person. Over the years, the Public Guardian has investigated and uncovered numerous instances of financial and physical abuse of disabled adults who are unable to protect themselves.
Often times the Public Guardian's office is literally the only resource available to those that are unfortunately unable to make rational decisions regarding their health care and financial affairs. In certain cases involving physical abuse and fraud, the Public Guardian was successful in having criminal charges filed against individuals who had exploited elderly disabled victims.
Since his appointment, Robert Mork has served as guardian for hundreds of disabled adults. In addition, the Judges in the Circuit Court of DuPage County have appointed the Public Guardian in over 70 cases to investigate the actions of private guardians under circumstances where the court suspects inappropriate behavior on the part of the private guardian, particularly with respect to the misappropriation of the disabled person's funds.
In all of these instances, Robert I. Mork and the Assistant Public Guardian, Jennifer Martyn, together with their dedicated staff, are available to assist and protect the physical and financial welfare of disabled adults.
Private Guardianship
No one can predict the curves on the road of life, and many times we are suddenly faced with the challenge of having to care for a loved one such as a disabled parent who is no longer competent, a spouse who has suffered a tragic illness, or a child whose parents are deceased or unable to act for the child.
In all of these instances, Robert I. Mork and Jennifer Martyn are available to assist in the establishment of private guardianships for disabled adults or minor children.*
Additionally, the attorneys are experienced in advising and coordinating guardianships from any stage of illness or emergency. We can assist not only with the process in court, but in advising the best manner to secure the medical documents which are necessary in order to proceed with a guardianship action, and in follow-up care and requirements for the future, including, but not limited to, the preparation, filing, and presentation of Annual Reports which are required by the court.
In this difficult and challenging time of your life, when you are considering undertaking a responsibility you may never have thought would apply to you, it is important to retain counsel who understand not only the emotions you are experiencing, but also the ramifications a guardianship may have on your family and your relationships.
Please contact us for a brief telephone consultation prior to scheduling an appointment.
*Kuhn, Mitchell, Moss, Mork & Lechowicz reserves the right to screen all private guardianship cases prior to retainer as potential conflicts for Public Guardian cases.
Contact Us
Every family is looking for something different in a guardian. Working with families across Chicago from our Naperville law offices, we can help you come up with the plan that is right for you. Explaining your rights and options, we will guide you through the entire process. Contact us today to schedule a consultation and find out more.
