Adult Guardianship and Power of Attorney in Kendall County

 Posted on November 15,2022 in Guardianship

Life circumstances can change in an instant. Catastrophic accidents or diseases may debilitate an adult to the point that they need a guardian to help manage their finances and healthcare. A family law attorney proficient in the decision-making responsibilities of guardians can assist with setting up a guardianship and help you prepare for the unexpected. 

Types of Adult Guardianships in Illinois

A guardian, which only the court can appoint, is authorized with the legal responsibility to care for a disabled or incapacitated adult, also known as a "ward."

•  Guardian of the estate – The guardian manages all of the ward's finances, including bills, banking, taxes, and real estate.

• Guardian of the person – The ward's healthcare and living arrangements, which may include home healthcare, assisted living, or a nursing home residence, are handled by the guardian.

Only the court can determine whether or not the adult's disability merits guardianship. The court will consider medical evaluations and reports, the wishes of the ward, and the wishes of the potential guardian when making a decision. Common physical, emotional, and mental disabilities could include but are not limited to the following.

• Physical disabilities, including diseases that limit mobility and communication, like amyotrophic lateral sclerosis (ALS)

• Psychological disorders, including mental illnesses like schizophrenia and bipolar disorder

• Cognitive impairment, including diseases like Alzheimer's

• Developmental impairments, including intellectual disability (ID) or autism spectrum disorder (ASD)

• Disabilities resulting from traumatic accidents that may cause brain injury or paralysis

Powers of Attorney in Illinois

Powers of attorney permit you, the “principal,” to entrust another person, the “agent,” to make legal financial or medical decisions for you. Power of attorney for property and power of attorney for healthcare are two separate entities; however, the principal can designate the same agent for both. Unlike an adult guardian who petitions for guardianship after the principal becomes mentally or physically incapacitated, powers of attorney give the principal control over who is authorized to handle personal matters in the event of incapacitation.  Both powers of attorney are known as "durable," remaining valid even after the principal is debilitated.

1. Power of attorney for property – Also known as a “financial POA,” this legally-binding agreement sanctions someone of your choosing to handle your financial, real estate, or business matters if future circumstances prevent you from making such decisions. Sometimes, a POA for property can be employed as a condition of convenience, like paying bills, while the principal temporarily resides outside the country for an extended period.  

2. Power of attorney for healthcare – A healthcare POA enables an agent to make future medical decisions on your behalf if you are too ill to do so. Appointing a willing agent who shares your values, lives nearby, and is someone you trust when making difficult medical choices, such as prolonging or ceasing life-support treatments, is essential and offers peace of mind. 

Contact a Kendall County Guardianship Lawyer 

At The Law Office of Matthew M. Williams, P.C., dependable and dedicated family law attorney Matthew M. Williams is certified in both collaborative and cooperative law. Matthew M. Williams understands the intricacies of guardianship and powers of attorney and vigorously strategizes for positive solutions. Whether you wish to assign your loved one as a power of attorney or you wish to garner guardianship over your incapacitated loved one, family lawyer Matthew M. Williams can assist. For all your guardianship and powers of attorney matters, contact an Oswego family law attorney at 630-409-8184.

Sources:

https://gac.illinois.gov/

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2113&ChapterID=60

https://www.investopedia.com/articles/managing-wealth/042216/medical-vs-financial-power-attorney-reasons-separate-them.asp