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.

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:

It has often been said that the only two things in life that are certain are death and taxes. While this is true, there is also one other thing that is certain: everyone gets older and will eventually need assistance with daily tasks and/or making decisions. When that time comes, it is important to have the correct legal documents and orders in place, such as a guardianship or power of attorney, in order to protect yourself and maintain a good quality of life.

Powers of Attorney

A power of attorney (POA) is a legally binding document that gives a designated person (referred to as your "agent") the ability to act on your behalf if you become incapacitated. There are two types of power of attorney. Power of attorney for healthcare allows a person to make decisions about medical care or other personal needs, while power of attorney for property allows a person to make decisions about financial matters and the property or assets you own.

When you think of guardianships, you may think of a person who is legally appointed to care for a child when that child’s parents are unable to do so. While this definition is accurate, that is not the only form of guardianship. Some adults are also in need of guardians. In the state of Illinois, the probate court is entirely responsible for granting guardianships to adults in need. Illinois has some of the most progressive and protective laws concerning adult guardianship. Rather than deeming a disabled adult “incompetent,” as was necessary prior to 1979, the needs of adults are measured through a clinical report put together by the court, and their guardianship will be tailored to meet their needs.

Who Can Have a Guardian Appointed to Them?

Like other states, Illinois law presumes that those who are over the age of 18 are able to handle their own affairs. In some situations, however, a person may be incapable of making important decisions or taking care of themselves for various reasons. Illinois law may grant guardianships to people who are disabled because of:

The idea of leaving your children parentless due to a tragic illness or accident is not a thought on which many like to dwell. However, taking necessary steps now to establish a clear and legal guardianship plan for your children can provide a measure of relief knowing you have prepared for their safekeeping.

What to Do, How to Do It

Preparing for the care of your children in the event of your death can be an easy process if one adheres to established laws and procedures. Ensuring your guardianship plan passes legal muster will prevent others from contesting guardianship, and wresting away custody of your children from those who you want to raise your kids. Before you get started, however, you probably have some questions: