Do I Qualify to Be My Loved One’s Guardian in Illinois?

 Posted on November 10, 2020 in Guardianships

Taking on the responsibility of becoming another person’s legal guardian is laudable, but it can also be very difficult. This is especially true for children who are becoming their parents’ legal guardian. Having to take on the role of caregiver to your own parent can be physically and emotionally taxing, and some people may not even know if their parents meet the criteria for needing a legal guardian. Before taking legal action on behalf of your loved one, review your ability to become a legal guardian, as well as the common signs that show they need this additional support.

Who Can Be a Guardian?

When petitioning to become a legal guardian, there are a few minimum requirements that you must meet, before a judge can even determine if you are the right person to fulfill this role. Under Illinois law, legal guardians must: be at least 18 years of age, be of “sound mind,” have never been convicted of a serious crime, and be deemed a suitable guardian by the court. In addition, those who wish to become a legal guardian must demonstrate their ability to provide a suitable plan in their role as guardian. 

Is My Loved One in Need of a Guardian?

Most adult children can recognize the signs that their parents need additional assistance in one form or another. This may be physical help, financial guidance, or just assistance in making decisions in general. The state of Illinois provides a list of questions to consider for those who think that their loved one may be on the path towards needing guardianship; if you are in this situation, consider the following questions before seeking legal help to secure guardianship:

1. Does your loved one understand that a specific decision needs to be made?;

2. Does your loved one understand their options in regards to this decision?;

3. Does your loved one understand the consequences that may follow each option?; and,

4. Is your loved one able to inform the proper parties of their decision once it has been made?

If you have considered these questions and not answered yes for all of them, you may need to determine your next steps moving forward. If you believe that guardianship is this next step, our attorney is here to assist you.

Contact an Oak Park Guardianship Lawyer

Whether your parents are getting too old to care for themselves, or you have another family member who needs help making big decisions, petitioning for guardianship may be your next step. While this is a large role to take on, for many families, it is a necessary one. The Law Office of Vincent C. Machroli, P.C. understands how difficult making this decision can be. You may feel as if you are taking away the freedom of your loved one, but in actuality, you are most likely helping them make the best decisions moving forward. Our compassionate attorney is here to help you determine if your family member is at this stage, and what your next steps should be. Contact our Hillside, IL guardianship attorney at 708-449-7404 to discuss your situation during your free consultation.

Source: https://www2.illinois.gov/sites/gac/aboutus/pages/guardfaq.aspx