Family Law Questions? Ask a Family Lawyer Online.
By reading further, you agree to and understand the following: Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party. The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible. _____________________________________ Answer: To establish a guradianship/conservatorship over a person who lacks capacity to care of himself, it is necessary to petition the state's probate court to establish a conservatorship. In the petition, it is generally necessary to explain why a conservatorship should be established, how this is in the best interests of the person who has been determined incompetent, and why the petitioner is fit for the role. It is important to note that incapacity must be legally determined for this to be the case. If this has not yet been determined, it may be necessary to allege and show incapacity in the petition.A petitioner can likely expect several court hearings on the matter so as to determine whether incapacity exists and whether the petitioner is appropriate for the conservatorship. You may find the following site useful. It provides a great deal of information pertaining to being a guardian, though it does not explain the process.http://www.illinoislawyerfinder.com/publicinfo/guardian.htmlYou will want to retain the assistance of a licensed Illinois attorney to assist you in becoming your mother's legal guardian.I hope this helps. If you do not feel that this answer fully responds to your question, please ask a follow-up question and I will be happy to elaborate. Please remember that we cannot provide legal advice/services through JustAnswer. Please click the green Accept Button for each and every answer and please remember to leave Positive Feedback. Doing so ensures I will receive credit for my time and my effort spent answering your question. Bonuses are greatly appreciated. When leaving Feedback, please remember that Feedback is left for me as an answerer, rather than the content of the answer. While I enjoy to providing customers with the answers they want to hear, doing so is not always possible. You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services: http://www.abanet.org/legalservices/lris/directory/
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