Guardianship proceedings are among the most consequential legal matters a family can face.
Guardianship is a court-supervised legal process in which a judge appoints a guardian to make decisions for a person who is unable to manage their own affairs. In Illinois, guardianship proceedings are governed by the Probate Act and are handled in the Circuit Court.
Guardianship may be sought for an adult who has become incapacitated due to age, illness, or disability — or for a minor who lacks a parent able to provide adequate care. The proceedings can be straightforward or highly contested, depending on the circumstances and the parties involved. The outcome has direct and lasting consequences for the person at the center of the case.
What We Handle
When family members disagree about the need for guardianship, the choice of guardian, or the scope of authority, we provide experienced courtroom advocacy. These cases often involve complex family dynamics and require careful preparation and sound judgment.
We guide families through the procedural requirements for uncontested guardianship proceedings in Illinois, including petitions, medical reports, and court appearances — with efficiency and care.
Every respondent in a guardianship proceeding has legal rights. We represent individuals who are the subject of a guardianship petition, ensuring that their voice is heard and their rights are protected throughout the process.
Illinois courts regularly appoint Ian D. Fidler to serve as Guardian ad Litem in guardianship proceedings. In this role, he represents the best interests of the respondent independently of the other parties.
Family members, caregivers, and others with a legitimate interest in a guardianship proceeding may need independent counsel. We provide that representation when the interests of an involved party diverge from others in the case.
When a guardian's conduct is challenged — through a removal petition, a surcharge claim, or a court challenge — we provide direct, experienced defense. We understand what courts look for and know how to build a defense that holds.
Who We Work With
Our guardianship clients include families navigating a difficult situation for the first time, individuals who have been named as proposed guardians, respondents who need independent representation, and professionals involved in a contested matter. We work throughout the Chicago area and regularly serve clients in Park Ridge, Edison Park, Norwood Park, Niles, and surrounding communities.
A document built on good intentions — and frequently turned against them.
A power of attorney is one of the most important legal tools available to a family. While a person still has capacity, they designate someone they trust to act on their behalf if they ever cannot. It avoids the cost and burden of court-supervised guardianship. It preserves dignity and autonomy. In the hands of a trustworthy agent it works exactly as intended.
The problem is not the document. The problem is that it is also the easiest legal instrument to misuse. It transfers broad authority with minimal oversight, often to a family member who may have interests of their own. And the person it was meant to protect is frequently the last to know something is wrong.
Illinois law is clear: a POA agent owes a fiduciary duty to the person who granted the authority. Every decision must serve the principal, not the agent. When that line is crossed, it is not just a family dispute. It is a breach of fiduciary duty, and in many cases, a crime under Illinois law.
The signs of misuse are often financial but not always obvious: accounts accessed without clear purpose, large or unexplained transfers, gifts made to the agent or their family, bills going unpaid while assets disappear, or a principal being isolated from other family members who might ask questions.
If something does not look right about how a power of attorney is being used, we can help you understand what you are seeing, whether it rises to the level of a legal claim, and what can be done about it.
Talk to Us About a POA ConcernFacing a guardianship matter?
We can help.
Guardianship proceedings move on a court schedule. If you are involved in a guardianship matter or anticipate one, contact us to discuss your options.