What It Means to Be a Guardian for an Adult with Disabilities

 Posted on March 17, 2023 in Family Law

Some specific orders and laws must be followed when it comes to being a guardian, whether to a child or an adult. A ‘disabled person’ is someone who is eighteen years or older and who is unable to manage themself mentally or physically. Being the guardian of a disabled adult is a serious responsibility and requires a person to be given control of all aspects of another person’s life. A guardian must act in the best interest of the ‘ward’ (otherwise known as the person who the court has declared as a disabled adult who has been appointed a guardian). They must avoid any conflict affecting the ward and are expected to seek out and rely on financial and legal assistance when appropriate.

A Guardian's Basic Duties

Under the law, a guardian has primary duties they must follow. They will be responsible for any personal or medical care the ward requires. They may also have physical custody of any children that the ward may have who depend on the ward for support and maintenance. A guardian will need to make decisions for the ward’s personal and healthcare and any living arrangements. A guardian will also be required to file written reports on the ward’s current condition, living arrangements, any activities they spend their time doing, and a summary of the guardian's contact with the ward. It is up to a judge or attorney to determine how frequently the court will require the guardian to make these reports.

The Limitations of a Guardian

There are a few limitations for a guardian that are only allowed with the court's permission. However, the ward also has the right to modify and terminate the terms of the guardianship. A guardian must receive a court order if they want to put the ward in a residential facility, such as a nursing home or a mental health facility.

Terminating Responsibilities of a Guardian

Once a guardian has been appointed to a ward, only the court can either terminate or modify the terms. The ward can bring this forward at any time; regardless of the ward’s disabilities, they always retain the right to request modifications of their guardianship. If a guardian wishes to resign, they must file a petition to the court requesting permission. They must be prepared to share the final accounting of the ward’s estate. They must also be able to suggest someone who could be a potential guardian if their resignation goes through.

Contact a Kane County Guardianship Lawyer

At the The Law Office of Matthew M. Williams, P.C., the issue of guardianship is one we take very seriously. We know how personal and difficult it can be to be appointed a guardian. You do not have to make these tough decisions by yourself. Contact an Aurora guardianship lawyer today at 630-409-8184 and set up an initial consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2104&ChapterID=60&SeqStart=14300000&SeqEnd=17600000