Becoming a Loved One’s Guardian in Kane County, Illinois 

 Posted on February 23,2022 in Guardianship

Adults over the age of 18 enjoy the privilege of making their own legal decisions. Whether this is the ability to consent, begin a line of credit or make medical and financial decisions, adult independence can feel freeing. However, there may also be a time in an adult’s life when making independent decisions is not in that person’s best interest. This can be due to illness, mental incapacity or disability. When an adult is no longer able to make significant decisions on their own, the state can appoint guardianship to a selected family member.

What is Legal Guardian?

When an adult is no longer able to make independent decisions, a family member or loved one can be appointed as a guardian to that person. Typically, guardians help make financial and medical decisions for another person. There are a few different types of guardianships in Illinois:

• Guardian of the Person— A personal guardianship is appointed by the court when an adult is no longer able to make decisions for their own care. This guardian will be able to make medical decisions including treatment, residential placements, or any medical or social services needed. For example, the guardian can decide when to place a loved one in assisted living or  secure an at-home medical aid.. 

• Guardian of the Estate—  An estate guardianship appoints a person to be the legal guardian of another’s financial and estate needs. This includes money management like paying bills. 

Illinois appoints guardianships following the Illinois Probate Act of 1975. The act explains that different levels of flexibility may allow for more or less control that a guardian has over a loved one’s decisions. The court may appoint a limited guardianship in which a guardian is appointed but only able to make decisions on the topics that the court assigns to them. For example, a limited guardian may be able to make residential decisions for a loved one, but not permitted to make life-altering medical decisions. Conversely, a plenary guardian can make any decision for their loved one including medical and financial decisions. 

How Do I Become a Legal Guardian?

In order to become a loved one’s guardian, there are a few steps that the involved parties must follow:

• Step 1: Find a Good Attorney — The first step in any legal petition is to find a good, trustworthy attorney. The process of filing to be a guardian and compiling all of the necessary documentation can be confusing, and often, expensive. It is a good idea to hire a lawyer to help guide a family through the process.

• Step 2: Establish the Guardian — A family must determine who they will assign to be the guardian of a family member. This person must not have a significant criminal record, be 18 years old or older, be a legal U.S. resident, and be accepted by the court. During the guardianship petition, a temporary guardian may be appointed by the court to maintain the health and safety of the loved one while the desired guardian is being established.

• Step 3: File a Petition — A petition to become a guardian must be filled out and submitted with the correct information including names, birthdates, and residency information. 

• Step 4: Set a Hearing Date — When a petition is accepted, a hearing date will be set within 30 days. During the hearing, the loved one who will be the respondent of the guardianship may be present and with an attorney. The court will determine if guardianship is appropriate, and if so, what level of assistance is needed.

• Step 5: Clinical Evaluation — During the hearing, the court will evaluate the soundness of the respondent. This may include a clinical, medical evaluation. The loved one must be unable to make their own decisions with sound body and mind for a guardian to be appointed. 

Speak With a Kane County Guardianship Attorney 

If you are looking to petition for guardianship of a loved one, the The Law Office of Matthew M. Williams, P.C. can help you. Kane County family attorney Matthew M. Williams has close to 15 years of experience helping clients with family legal matters to ensure that each person is represented fairly. Call to schedule an initial consultation with us today at 630-409-8184. 

Source(s):

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500050HArt%2E+XI&ActID=2104&ChapterID=60&SeqStart=12100000&SeqEnd=14300000

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