What You Need to Know About Guardianship in Illinois

 Posted on June 06, 2017 in Family Law

In Illinois, the law presumes that anyone over age 18 is capable of making decisions and handling affairs for himself or herself. Yet, circumstances may arise where a person is not capable of doing so. If this has happened to one of your family members or loved ones, you may wonder what you can do to ensure that this person does not waste their resources or make harmful mistakes. Guardianship is one option you may wish to consider.

When Is Guardianship Appropriate?

Guardianship should be considered when a person cannot make basic life decisions or is not able to manage money or property. People of any age may require a guardian.

Guardianships are often granted in cases where a person:

• Experiences mental decline as a result of aging;
• Shows symptoms of mental illness;
• Has a developmental disability;
• Suffers from physical incapacity; or
• Cannot otherwise control his or her behavior, which puts the person and family at risk of harm.

Guardians are also appropriate where there is "gambling, idleness, debauchery, or excessive use of intoxicants or drugs." Another instance where a guardianship may be warranted is when a person spends or wastes money and property in a way that harms themselves or family. Sometimes, guardians are appointed to protect the interest of creditors.

Who Can Be a Guardian?

In order to become someone’s guardian, you must be appointed by a court. Courts require that the person seeking to be named guardian is:

• Over 18 years old;
• A resident of the United State; and
• Of sound mind, which means stable and rational.

Additionally, the guardian must not be legally disabled nor can a guardian have a felony conviction involving harm or threat to the subject of the guardianship proceedings.

Beginning a Guardianship Proceeding

As a first step, the person seeking guardianship must get a physician’s report. This is a court form that must be filled out by the doctor of the person who can no longer see to his or her own affairs. The report should be detailed and include the extent of the disability, the care this person will need, and the prognosis.

Contact an Illinois Guardianship Lawyer

At A. Traub & Associates, we understand that guardianship cases can be sensitive matters. Often in cases where guardianship is warranted, there has been a tremendous amount of stress on the family. Hiring an attorney to represent you in guardianship proceedings can help ease the challenges of the situation as you will be confident that the proceedings will be conducted properly. Also, having a lawyer on your side will add a layer of professionalism in the process. This can be a benefit when the subject of the guardianship contests the proceedings. Contact one of our experienced Lombard guardianship attorneys by calling 630-426-0196 today.

Sources:

https://www.illinoislegalaid.org/legal-information/guardianship-adult

https://www.illinois.gov/sites/gac/AboutUs/Pages/GuardFAQ.aspx