When Can Someone Become a Legal Guardian in Illinois?

 Posted on April 05,2022 in Guardianship

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.

• An aging parent suffering from dementia - When we get older, we often lose the ability to think as clearly or as linearly as we could when we were young. For some people, dementia is serious enough to require legal assistance in the form of a legal guardian. This is often a spouse or an adult child, although it can also be a good friend. Before a guardian can be appointed, it must be clear that an aging adult is not capable of making responsible decisions about their own affairs. 

• Debilitating addiction - Rarely, when someone’s addiction to alcohol, drugs, or gambling is so excessive that it leads them to suffer severely, it may be possible to appoint a legal guardian until such time that the person is capable of managing their own affairs again. 

Call a Kane County, IL Legal Guardian Lawyer

If you are seeking to establish legal guardianship, having the help of an experienced Kane County legal guardianship attorney could help your case move swiftly and smoothly. To learn more about the circumstances in which someone can become a legal guardian, schedule an initial consultation with the The Law Office of Matthew M. Williams, P.C. by calling our offices today at 630-409-8184. 

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075500050K11a-17