Guardianship of a minor child is a serious responsibility, complete with a host of complexities to consider, including the child’s psychological well-being. When a child is orphaned or neglected, they need a suitable guardian; without one, the child becomes the ward of the state. According to Children’s Home + Aid, over 4,000 children enter the Illinois foster care system annually. Currently, there are more than 16,000 children in Illinois’s foster care system.   A guardianship lawyer can provide legal aid for those who wish to establish guardianship over a minor.

What is Guardianship of a Minor?

The court appoints legal guardians if a child’s parents are deceased, detained, infirm, or unwilling to care for the child. Legal guardianship authorizes an adult to the decision-making and care of a child who is not their own. A child’s guardian does not need to be a blood relative of the child and could include the following.   

• A willing, suitable adult at least 18 years old, who is of sound mind and not disabled

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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.

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Grandmothers and grandfathers often have a special relationship with their grandchild. Usually grandparents are secondary caregivers in a child’s life but the child’s parents take on the majority of the parental duties. However, in certain situations, grandparents must step in and take on the role of a parent. Sometimes grandparent guardianship is needed because the child’s parents have passed away or are incarcerated. In other cases, substance abuse or mental illness prevent parents from giving a child the care and attention he or she needs. If you are a grandparent and you are interested in becoming your child’s legal guardian, read on to learn more.

Guardianship Laws in Illinois

Illinois law states that an adult may become a child’s legal guardian if the adult:

• Is of sound mind

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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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