Aurora, IL Adult Guardianship Attorneys

Respected Attorneys Helping Establish Guardianship for Adults With Disabilities in Aurora, Illinois

At one point or another, almost all of us will need help of some type from another person. For many of us, the need will be temporary, such as while recovering from an illness, injury, or surgery. For other people, however, the need for help will be much more serious, and it may last for much longer—possibly for the rest of their lives. Issues such as cognitive impairments, physical disabilities, and advancing age can force a person to rely on the assistance of others. In some situations, a person might even struggle to manage the everyday affairs of his or her life.

At The Law Office of Matthew M. Williams, P.C., we have been helping protect the rights of adults with disabilities for more than 20 years. With our experience and legal knowledge, we understand the challenges that disabled adults face every day. If you have a loved one who is in need of assistance, we can help you decide if establishing guardianship of your loved one is the best course of action.

Understanding Adult Guardianship in Illinois

Under Illinois law, you can only be appointed as the guardian of an adult by the court, and only if the court determines that the adult is disabled to a degree that makes a guardianship appropriate. The law defines a qualifying disability as any physical, emotional, mental, or other condition that limits a person's ability to make responsible decisions regarding his or her affairs or communicate those types of decisions to others. The court could enter a finding of disability based on:

• Physical limitations, including conditions that limit speech
• Psychological disorders or mental illnesses
• Developmental disorders
• Cognitive impairments or deteriorated mental abilities due to health or advanced age

A qualifying disability could be caused by a sudden event, such as a severe accident or acquired illness, or the disability could develop over time, such as impairments caused by age or degenerative disease.

Types of Guardianship

If you wish to be appointed as your loved one's guardian, you have the right to ask the court to do so. The court will have the authority to decide how much help and the type of help your loved one actually needs.

In Illinois, there are two basic areas of responsibility related to guardianships. If your loved one needs help with his or her financial affairs, such as paying bills and managing benefits, the court could name you as "guardian of the estate." By comparison, you could be named as "guardian of the person" if your loved one needs help with health care and medical-related decisions. At the court's discretion, you could be appointed to serve in both capacities, or a different person could be named to each role.

The amount of authority that you will have as a guardian will depend on your loved one's circumstances. For example, the court could limit your guardianship responsibilities to helping your loved one pay his or her household bills rather than making long-term investment decisions on your loved one's behalf. Limited guardianship may be appropriate in some situations, and the court will usually try to make sure your loved one can retain as much control over his or her life as possible. However, in situations where your loved one needs significant help, the court could give you virtually unlimited authority to make decisions for him or her indefinitely.

Powers of Attorney in Illinois

Depending on your loved one's circumstances and the extent of his or her disabilities, he or she could grant you authority similar to a guardianship by drafting a power of attorney. Signing a power of attorney document can allow your loved one to appoint you to make decisions on his or her behalf without waiting for guardianship proceedings to be finalized.

Illinois law recognizes two types of powers of attorney: a power of attorney for property, which gives authority to make decisions about financial and money matters, and a power of attorney for healthcare, which gives authority to make decisions about health and medical issues. We can help you determine if a power of attorney is right for your unique situation.

Contact Our Aurora, Illinois Adult Guardianship Attorneys

At The Law Office of Matthew M. Williams, P.C., we take guardianship issues very seriously. We know that the process of being appointed as a guardian can be complicated and that these situations are likely to be intensely personal. We are committed to helping you help the ones you love. To learn more about your options, contact our Aurora guardianship lawyers at 630-409-8184 and arrange a free, confidential consultation today.