Commonly Asked Questions About Illinois Legal Guardianship

 Posted on November 06, 2020 in Guardianship

For many people, making the decision to establish legal guardianship over someone is a rather difficult and emotionally stressful decision to make. However, establishing legal guardianship of your loved one can often be the only way to ensure that he or she is safe and protected in some situations. Guardianship is a way of establishing legal authority over another person in the event that he or she becomes incapacitated or is unable to make decisions. In Illinois, guardianship can be established over a minor who is under the age of 18, or an incapacitated adult. If you are contemplating establishing guardianship over a family member or friend, you likely have questions about guardianships in Illinois and the process of establishing it. The following are a few frequently asked questions and their answers about Illinois guardianship.

Who Is Eligible to Have a Guardian Appointed to Them?

When a person turns 18, he or she is automatically presumed to be of sound mind and able to make responsible decisions for himself or herself. However, a person can be appointed to serve as someone’s guardian if he or she is disabled because of mental deterioration, physical handicap, mental illness, or developmental disability.

How Does the Guardianship Process Work?

When children turn 18, they become legally responsible for themselves, and the legal guardianship that once resided with their parents no longer exists. The only way to establish guardianship for a person who is above the age of 18 is to have a guardian appointed by the court. This process can be complicated, but it generally follows a similar pattern each time:

• A petition is filed with the probate court asking for a guardian to be appointed to an individual, along with a report detailing his or her disability

• A guardian ad litem will be appointed to the respondent to inform him or her of the process and to try to assess his or her feelings on the situation

• A hearing is scheduled and the parties are notified of the date and time within 30 days of the filing of the petition

• The hearing takes place, often with testimony from at least one individual who is in support of the guardianship

How Do I Know if My Loved One Needs a Guardian?

Many times, the people who are in need of guardians are those such as children who lost their parents in a car accident or disabled adults who are incapable of taking care of themselves. In either situation, it can be difficult to know when it is time to appoint a person to take over the duties that a legal guardian would have. In most cases, you want to be sure that the person is able to make reasonable and sound decisions about where to live, work, how and when to seek medical attention, how to care for dependents, and how to purchase necessities such as food and clothing. If the individual is unable to do these things, a guardianship might be something to consider.

Discuss Your Situation With Our Geneva Guardianship Lawyer

There are many situations in which establishing legal guardianship over someone may make sense, but it can still be a difficult decision to make. At the Law Office of Matthew M. Williams, P.C, we are aware of the highly emotional nature of the guardianship process and are poised to provide you with passionate and experienced legal counsel throughout your case. Our dedicated Kendall County guardianship attorney has handled hundreds of family law cases and can help you through whatever type of guardianship case you may have. To schedule a free consultation, call our office today at 630-409-8184.

Sources:

https://www2.illinois.gov/sites/gac/OSG/Pages/Guardianship-Fact-sheet.aspx

https://www2.illinois.gov/sites/gac/AboutUs/Pages/GuardFAQ.aspx