Name Who Decides — Before the Decision Is Made for You

Without a guardian designation or healthcare directive in place, the people you trust most may have no legal authority to act on your behalf. These documents give your family clarity when they need it most — and keep those decisions in your hands, not a judge's.

What Guardianship and Healthcare Directives Actually Cover

These two planning tools work together to cover different but equally critical situations. A guardianship designation names the person you want to care for your minor children if you're no longer able to. A healthcare directive — sometimes called a living will or healthcare proxy — names the person authorized to make medical decisions for you, and records your wishes about treatment so they don't have to guess.

 

Together, they answer the two questions families are least prepared to face without guidance: who takes care of my children, and who speaks for me if I can't speak for myself.

Why These Documents Matter More Than Most People Realize

Most people assume their spouse, parent, or sibling will automatically have authority in a medical emergency. In New York, that's not always the case. Without a valid healthcare proxy, hospitals may be limited in who they can consult — and family members can find themselves without a legal voice at the worst possible moment.

 

For parents of minor children, the stakes are just as high. Naming a guardian in your will gives the court a clear record of your wishes. Without it, a judge decides — often without knowing your family, your values, or your intentions.

The Documents We Prepare for You

Every guardianship and healthcare directive plan we build is tailored to your family's circumstances. Depending on your situation, that may include:

 

  • Guardianship designation — names your preferred guardian for minor children within your will, with the option to name an alternate

  • Healthcare proxy — designates a trusted person to make medical decisions on your behalf if you become incapacitated

  • Living will — records your specific wishes regarding life-sustaining treatment, resuscitation, and end-of-life care

  • HIPAA authorization — ensures your designated agent can access your medical records without delay

  • Durable power of attorney — extends decision-making authority to financial and legal matters beyond healthcare

 

We walk you through each document so you understand exactly what you're signing and why it matters.

Who We Work With in Westchester County

We work with families throughout Lower Westchester, including clients in Scarsdale, Bronxville, Eastchester, Tuckahoe, Yonkers, and White Plains. Whether you're a first-time parent thinking through a guardianship designation for the first time, or an adult child helping an aging parent put a healthcare directive in place, we can help you get it done clearly and correctly.

 

Our clients in Scarsdale and the surrounding communities often come to us as part of a broader estate plan. If you're also thinking about wills and trusts or special needs planning, we can address all of it in a single, coordinated engagement.

Our Approach to Guardianship and Healthcare Planning

We don't hand you a form and send you on your way. Before drafting anything, we take the time to understand your family structure, your relationships, and your priorities. Who you name as guardian or healthcare agent is one of the most personal decisions in any estate plan — and it deserves a real conversation, not a checkbox.

 

Once your documents are drafted, we review them with you in plain language, answer every question, and make sure the people you've named understand their roles. When circumstances change — a new child, a move, a relationship shift — we're here to update your plan accordingly.

Frequently Asked Questions About Guardianship

  • When is guardianship necessary in Illinois?

    Guardianship becomes necessary when a person can no longer make sound decisions about their own care, finances, or safety and no prior legal documents like powers of attorney are in place. In Chicago, this is often used for elderly parents with dementia, incapacitated adults, or minor children who need a legal caretaker.

  • How long does the guardianship process take?

    The timeline varies depending on the complexity of the case and the county court schedule. In Cook County, the process typically takes a few months from filing to final approval. Emergency guardianship may be granted more quickly when immediate decisions need to be made for the individual’s safety or well-being.

  • Do I need an attorney to file for guardianship?

    While Illinois law allows you to petition on your own, guardianship involves multiple legal steps, strict court requirements, and ongoing responsibilities. Working with a guardianship attorney in Chicago ensures all documents are filed correctly and helps you avoid delays or denials.

  • Can guardianship be temporary?

    Yes, the court can grant temporary guardianship in urgent situations where immediate decisions are needed. Temporary guardianship is often used while a full hearing is pending or when the incapacity is expected to be short-term, such as after a medical emergency.

  • What are the responsibilities of a guardian?

    A guardian must act in the best interest of the person under guardianship. For guardians of the person, this includes decisions about healthcare, living arrangements, and daily care. Guardians of the estate are responsible for managing finances, paying bills, and protecting assets. In Cook County, guardians must file annual reports to keep the court informed of the individual’s well-being and financial status.