FNBC Bank & Trust is proud to provide a full range of guardianship services to assist minor children and disabled adults who are legally unable to manage their own finances. We are also experienced in the administration of third-party special needs trusts and self-settled OBRA pay back trusts.
Summary
- Work with the guardian of the person, the family, and the attorney in preparing periodic budgets designed to provide appropriate care and in long-term planning
- Appear in court as appropriate
- Prepare and file all required inventories and accountings with the court
- Have all required federal and state tax returns prepared and filed
- Meet with the client, family attorney, and other advisors as appropriate
- Collect and preserve the estate assets
- Invest the assets according to the client’s needs and legal guidelines
- Collect income and pay bills on the client’s behalf
- Work with the Guardian of the Person to investigate potential governmental benefits and community services
What is a Guardian?
A guardian is one who has been entrusted with the care and assets of another who is either a minor or otherwise legally unable to manage own affairs. In Illinois, guardians are appointed by the probate court. After appointment, the activities of the guardian continue to be supervised by the court for as long as the guardianship continues.
Who Needs a Guardian?
Only the probate court can make the determination that a person needs a guardian of the person or guardian of the estate, or both. Some examples of situations where a guardian might be required are:
- A minor child received significant money or assets in their own name through gift, inheritance, or insurance settlement
- An adult becomes unable to handle their own affairs through illness, injury, or age-related condition
It should be noted that whether or not a guardianship is needed can depend on what advanced planning the disabled adult, or parent(s) of the minor child, has in place. Properly prepared trusts, wills, or powers of attorney can provide alternatives to guardianships.
What Does a Guardian Do?
A guardian of the person attends to the minor or disabled adult’s care, comfort, health, and education and is responsible for helping the ward to become as independent and self-reliant as possible.
A guardian of the estate is responsible for managing the minor or disabled adult’s financial affairs and to use those financial resources for the comfort, support, and education of the minor or disabled person. All investments must be made in compliance with Illinois probate law and all disbursements must be with the approval of the probate court. The guardian of the estate must file regular — usually annual — accountings with the probate court that report all receipts, disbursements, and investment changes for court review and approval.
How Long do Guardianships Last?
A guardianship for a minor child with no other disabilities normally terminates when they reach the age of 18. A guardianship for a disabled adult continues until the disability ends or upon their death.
Legal, investment and tax notice: This information is not intended to be and should not be treated as legal advice, investment advice or tax advice. You should under no circumstances rely upon this information as a substitute for obtaining specific legal or tax advice from your own legal or tax advisers.
FNBC Bank & Trust Wealth Management offers investment products that are not a deposit, not FDIC insured, not insured by any Federal Government Agency, not guaranteed by FNBC Bank & Trust, and may lose value.