Sometimes situations arise in which an individual in Illinois needs help taking care of themselves. A parentless child, an aging loved one with dementia, and a terminally ill parent are just a few examples of when legal guardianship may become necessary. In situations like these, an experienced Illinois legal guardianship attorney can facilitate careful planning and loving conversations to help ensure that people get the help and care they need. Here are some situations in which it may be necessary to appoint a legal guardian. 

Common Situations Requiring Legal Guardianship in Illinois 

• The death or incapacitation of a parent of a minor - When one or both parents pass away or are otherwise incapacitated, children need legal guardians until they reach the age of 18. Many parents choose a godparent or place explicit instructions designating an intended guardian in their will. Other times, a parent only names a guardian after learning they have a terminal illness. While a guardian must still be appointed to the court according to a child’s best interests, the court’s presumption is that the person the parent chose to be the child’s guardian is likely the best fit. 

• A disabled minor turning 18 - When children with long-term development or intellectual disabilities become adults, they are often unable to manage their own affairs. They may require help ranging from full-time care to part-time residential services. Whatever their needs are, a legal guardian can manage paying for them, applying for federal or local financial assistance, and making decisions about where the disabled adult lives or receives healthcare.

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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.. 

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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.