Legal Guardianship of a Disabled Adult

 Posted on May 25, 2019 in Estate Planning

We generally think about guardianship with regard to guardianship of children, however, this is not the only type of legal guardianship that exists. When a person cannot care for themselves due to a disability, old age, or a debilitating illness, a family member may take on the responsibility of caring for him or her. Sometimes, visiting the person several times a week and helping with certain errands and tasks is enough while other people need much more extensive assistance. For situations in which a person needs significant help, you may consider guardianship. Seeking guardianship of an adult may be the best way to ensure a disabled adult is receiving the care he or she needs, but the process is not always simple.

When Do Courts Grant Guardianship of Adults?

In Illinois, guardianship of a person over age 18 only takes place through the court system. Before a court will assign someone to be another person’s guardian, it must first confirm that the disabled or sick individual needs this level of assistance. The court will evaluate to what degree the disabled person is incapacitated by mental illness, cognitive decline, physical ailment, developmental disability, or another issue. In some situations, a drug or alcohol addiction may also be considered disabling enough to qualify a person for guardianship. The court will determine the level of incapacitation the disabled person experiences and the particular responsibilities that he or she cannot accomplish for himself or herself. Next, the court will determine what type of guardian should be selected.

Guardian of the Estate Versus Guardian of the Person

While there are many types of guardianship in Illinois, they fall into two main categories: guardian of the estate and guardian of the person. When the disabled person only needs help with making financial decisions, the court will likely assign someone to be their guardian of the estate. If the disabled person cannot make healthcare and medical decisions on his or her own, the court may appoint a guardian of the person. In the event that a disabled person needs both types of guardians, one person can fulfill both of these roles or a separate person can be assigned to each role. An individual in need of a guardian may nominate the person(s) he or she wants to act as guardian, but the court must approve this decision.

Contact a Lombard, Illinois Guardianship Attorney for Help

If you are considering pursuing guardianship of a disabled adult, contact an Arlington Heights estate planning lawyer for help. To schedule your initial consultation at A. Traub and Associates, call 630-426-0196 today.

Sources:

https://www2.illinois.gov/sites/gac/aboutus/pages/guardfaq.aspx

http://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500050HArt%2E+XIa&ActID=2104&ChapterID=60&SeqStart=14300000&SeqEnd=17750000