Common Situations That May Warrant Appointing a Guardian in Illinois

 Posted on August 21, 2020 in Guardianship

Throughout our lives, we all need someone to care for us. When we are babies, we depend on the care and nurture of our parents to thrive and grow into successful adults. As adults, we are able to take care of ourselves and make decisions pertaining to our lives. However, some situations may call for extra care and planning to ensure that the affairs of a person are handled. In Illinois, the law states that a guardian can be appointed to any person who is unable to manage his or her affairs because of mental deterioration, mental illness, developmental disability, or physical incapacity. It can be tough to come to terms with the fact that your loved one may need a guardian appointed to him or her, but an Illinois family law attorney can help.

Determining the Need for a Guardianship

Illinois law states that there are several reasons for which a person may need to have a guardian appointed to him or her to manage his or her affairs. Before a guardian is appointed to a person, it must be proven that the person is not able to make or communicate his or her own sound and responsible decisions about personal affairs. There are a variety of situations in which a person may need to have a guardian appointed for him or her. These scenarios can include:

• A person is elderly and has a decreasing mental function. One of the most common reasons why a person may have a guardian appointed to manage his or her affairs is simply because of age. Sometimes, when people become elderly, they lose their ability to think clearly and make informed and rational decisions. A guardian appointed to an elderly person would ensure that all of his or her affairs were handled, from medical care to finances.

• A child with developmental disabilities turns 18. Another situation in which it is common to see guardianship become established is when a child with developmental or intellectual disabilities grows up and reaches the age of 18. Depending on the specific situation, he or she may or may not be able to make decisions for his or her affairs and finances, which is when a guardianship would be appropriate.

• A loved one has an extensive drug or alcohol addiction. In some situations, you may also be able to help a loved one who has a drug or alcohol addiction by establishing guardianship. Illinois law states that a guardian may be appointed to handle the affairs of a person who suffers from, “gambling, idleness, debauchery, or excessive use of intoxicants or drugs.” However, you must be able to prove that at least one of those issues caused the person to spend or waste his or her money to the point of suffering.

Contact a Kendall County Adult Guardianship Lawyer

Each guardianship case is unique, which is why no two cases will have the same outcome or circumstances. If you have a loved one who may need extra help making decisions for himself or herself, you should speak with a knowledgeable Oswego family law attorney to discuss your options. At the Law Office of Matthew M. Williams, P.C., we understand the importance of establishing guardianship for loved ones who cannot make their own decisions. We are here to make this process as easy as possible for you and ensure the well-being of your family member. To schedule a private consultation, call our office today at 630-409-8184.

Source:

https://www2.illinois.gov/sites/gac/OSG/Documents/GuideAdultGuardianship2011.pdf