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Probate Law

Protect Your Rights With a Guardianship Attorney

When an individual loses the ability to make decisions on their own due to age or a life-long disability, a guardianship may be necessary. Often, a family member or close friend will assume the responsibility of becoming the legal guardian for a loved one in these situations. The duties of a guardian may include making health care decisions, collecting and investing assets, and assisting with day-to-day living arrangements.

In a perfect world, individuals who will need a legal guardian could have planned ahead by signing appropriate powers of attorney. Unfortunately, many people either do not plan for this or their plans fail due to illness or a lack of proper documentation. In any event, discussing your options with a Chicago Guardianship Attorney is important to ensure that you understand your rights and those of your loved ones.

Typically, a person who wishes to be appointed as a guardian must file a petition with the court. The petition must include basic personal information about the person requiring a guardian, as well as a report about their current condition and capacity from a physician. In some circumstances, a physician may not be available, and in those cases the court can appoint an independent investigator or “guardian ad litem.”

A Guardian ad litem is an attorney or lay person who investigates and advocates for the best interests of the alleged incapacitated person (“AIP”). The guardian ad litem interviews the AIP and informs them of their legal rights. The guardian ad litem also provides the court with a report of their investigation and recommendation as to who should be the guardian.

Guardianship proceedings are complicated and should not be undertaken lightly. Once the court appoints you as a guardian, it will require that you regularly submit reports and accountings to the court and appear in front of the judge if required. Guardians also have a duty to look out for the best interest of their ward and are required to follow all laws regarding the guardianship process.

A guardian cannot act without the approval of the court or the ward, which is why it is important to discuss your options with an experienced attorney before taking steps to become a guardian. At the Law Offices of Peck Ritchey, LLC, we can review your situation and assist you in filing a petition for a guardianship with the courts.

In addition to filing petitions for guardianship, we can help you prepare other documents that may be required by the court, such as a letter of inquiry, physician’s report, and a statement of assets. Once these documents are gathered, they can be filed along with a citation or notice of hearing, depending on whether the subject of the guardianship is alive or deceased. The citation or notice is then served to the AIP, relevant relatives, and the new guardian(s). Then, any necessary hearings can be scheduled. Contact us today to schedule a consultation with an experienced Chicago Guardianship Attorney.

Family Law

The Job of a Domestic Violence Attorney

Domestic Violence as a topic is very broad and covers a wide spectrum of issues. Typically, domestic violence is defined as any situation involving an abusive relationship, where one person attempts to control or manipulate another person for personal gain. The term “domestic” also encompasses situations in which the relationships have no recognizable connection to a specific household or community but involves someone living in or controlling a residence or other individual. The abuses may include physical, verbal, psychological, and sexual abuse. This criminal violation can involve a range of different scenarios from simple verbal abuse to extreme physical violence.

Domestic Violence Attorney

 

Many victims feel uncomfortable coming forward and seeking help, even when they are in the midst of domestic violence cases. Many victims feel unsafe contacting the police because they may be threatened or fear retaliation. When victims do seek help from Seattle domestic violence attorneys, they often fear further retaliation or possible jail time.

 

Victims need to contact a Washington domestic violence attorney as soon as possible if they suspect their partner or spouse is involved in abusive activities. Contacting an attorney sooner rather than later can be crucial. The sooner the victim contacts an attorney, the better chances there are of obtaining appropriate legal assistance. In some cases the attorney can advise the victim to keep quiet, avoid saying anything, or make suggestive statements that might sway the jury or judge toward accepting a guilty resolution. In other cases, the attorney may advise the victim to cooperate with law enforcement officials and provide them with details about the abuse.

 

Once a law enforcement official has made contact with the victim, it is important for the client to accurately describe the events of the alleged incident. False information or embellishment may cause the criminal charge to be dismissed. If the alleged victim is a co-defendant, it is important for them to provide detailed information about the events leading up to the incident. Information provided by the co-defendant can have an impact on the criminal case. The Seattle domestic violence attorney will work with the prosecuting attorney to determine the best course of action for his client.

 

Other issues facing the victim and his Seattle DV lawyer include pursuing an investigation of the charges brought against the defendant, the potential punishment for their crime, and seeking other avenues for resolving the dispute between the couple. Many times these cases end with a plea bargain. The terms of the plea bargain and the nature of the charges are negotiated before a grand jury is empaneled to begin deliberations.

 

Negotiations between the prosecutor and the defense lawyers often turn out to be successful. A number of factors, such as mitigating circumstances, affect the outcome of these negotiations. Vandalism, abuse or neglect, drunkenness, job loss, and financial hardship may all be considered by the grand jury that indicts a suspect. There are a number of domestic violence attorneys in the Seattle area who specialize in these types of cases. If you or a loved one has been accused of domestic violence in Seattle, contact an experienced attorney right away.