Guardianship Arising From Personal Injury Matters

Despite vehicles becoming safer, car accidents resulting in death or serious injury are still all too common in Illinois. In 2016, there were over one thousand (1000) deaths from vehicle accidents in Illinois alone. But what is not reported in the statistics are the number of people who are involved in accidents that leave them disabled, with either a physical disability or cognitive disability. Such accidents also occur in workplaces or at home. In many circumstances another person/party is the direct cause of the injury that leads to disability. The disabled may have a personal injury cause of action against the person or party responsible. If your loved one has been involved in an accident and is now disabled, it is important to discuss the personal injury lawsuit and the need for a guardianship proceeding with an experienced Lake County personal injury and guardianship lawyer.

Examples of Disabilities Resulting from Personal Injury Matters

If your loved one has been involved in an accident that has left him or her unable to make decisions for himself or herself, then a guardian will need to be appointed by the court. The following types of accidents often leave a person disabled:

• Car accidents/ motor-vehicle accidents. Such accidents often arise when another person is not correctly operating their vehicle and crashes into the vehicle of another.
• Workplace dangers. Accidents can occur on the job, particularly in warehouses or out in the field. This can be due to a lack of safety precautions, another employee incorrectly operating equipment, or a third-party causes an unsafe environment.
• Personal injury at home. Accidents can occur at home from many sources, including contractors failing to follow safety precautions in electrical systems, HVAC systems, or fire systems.
• Drug-induced injuries. It is not uncommon for a drug-user to overdose, or take drugs laced with unintended, dangerous chemicals. Illegal drug use can cause an array of neurological disorders.

If your loved one was involved in any such accidents and is now disabled, it is crucial to immediately speak with a personal injury lawyer and a guardianship lawyer. There are deadlines for filing personal injury lawsuits (known as statutes of limitations), so time is of the essence.

Becoming Guardian of Your Family Member

If your family member has become disabled, then in order to make healthcare and financial decisions for him or her, you will need to be appointed a plenary guardian. A plenary guardian is appointed by the probate court and gives an individual authority to make healthcare and financial decisions. Of course, all decisions must be made for the disabled individual’s best interests, and the court will require reports to verify. Guardianship is a court process that is best undertaken with the assistance of an experienced guardianship lawyer such as the Libertyville and Gurnee guardianship lawyers at Johnston Tomei Lenczycki & Goldberg LLC.

Avoiding Guardianship By Planning in Advance

Unfortunately, most people do not do any sort of estate planning in advance, particularly when younger. But having an estate plan, including a power of attorney for property and a power of attorney for healthcare, will allow your family to avoid having to seek guardianship in court. When someone creates a power of attorney, they give the ability to another person to make healthcare and financial decisions for them. Our estate plan will usually provide what is known as a “spring power”, which means that the designated individual can only make decisions for the person when the person is determined to be incapacitated by the treating physician. Having such a plan in place will save your family the heartache and expense of having to proceed through guardianship court. It will also ensure that the people you prefer to make decisions for you will be the ones making decisions, rather than someone appointed by the court. If you have no planning in place, then contact our estate planning lawyers at Johnston Tomei Lenczycki & Goldberg LLC today.

Contact the Libertyville and Gurnee Guardianship Attorneys at Johnston Tomei Lenczycki & Goldberg LLC Today

If your loved one has been injured or harmed by another, and as a result has become disabled, it is imperative to seek guardianship so that you can make decisions for him or her, and so that you can bring a personal injury lawsuit against the party responsible. Guardianship can be a complicated process involving multiple court hearings, legal filings, and sometimes even contentious litigation. It is best approached with a guardianship lawyer. If you are looking for a guardianship lawyer in Libertyville, Gurnee, or anywhere in Lake County, then call our guardianship lawyers at JTLG, LLC today for a no charge initial consultation.