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
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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.
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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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