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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4174
Experience:  30 years of experience
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My ex-husband is incapacitated and I would like to file to

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My ex-husband is incapacitated and I would like to file to handle his affairs. He has two adult children but I'm not sure that they will do the right thing by each other. How do I proxeed?
JA: What state are you in? It matters because laws vary by location.
Customer: Illinois
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

To do this you Petition the Court to be appointed the guardian of your ex. You can be appointed guardian of his finances and/or guardian of his person. These duties can be separate.

You start by filing a Petition

See this manual for detailed information on the process:

https://www.illinois.gov/sites/gac/OSG/Documents/PRAGUIDE2007.pdf

Here is a link to the law:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2104&ChapterID=60&SeqStart=14300000&SeqEnd=17600000

Here are the forms:

https://www.isba.org/sites/default/files/cle/Deborah%20Cole.pdf

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Customer: replied 21 days ago.
Would I be able to obtain a power of attorney instead of guardianship? Either way, he is not able to sign any paperwork.Thank you

If he is incapacitated then he is not competent to give you his POA. That is why you need the Guardianship.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

Gerald, Esq and other Legal Specialists are ready to help you
Customer: replied 20 days ago.
One more thing. What is the likelihood that I will be granted Guardianship over the daughter? Does she have a better chance of being his Guardian since she is his child and I am the ex-wife.Thank you

It depends on whether or not you both seek the Guardianship. Normally the Court will prefer a blood relative. So if his daughter seeks the Guardianship she will likely get it all things being equal.

Thank you for the positive rating.