What Are the Different Types of Guardianships Available in Illinois?

 Posted on April 20, 2020 in Guardianships

The day that a child must become a parental figure for their own parent is not a day that anyone looks forward to. While you may not be parenting in the sense of teaching them right from wrong or watching them grow up, you may reach a time in which you need to step in because your parents or other loved ones are unfit to take care of their own affairs. Becoming your parent’s legal guardian can be a difficult task, but it may be necessary in some situations. In some cases, a legal guardian may also need to be named for a disabled person, and this kind of guardian does not have to be related to the disabled person to be named as their guardian. 

It is important to understand what this new role of being a guardian entails. There are a number of different types of guardianships, each of which allots different responsibilities to the guardian. The person a guardian provides care for is known as a ward. Depending on the level of competency of the ward, as well as their needs, the duties and responsibilities of a guardian may vary. The following are the common types of guardianships granted in Illinois:

Full Responsibility or Limited Power?

1. Plenary Guardianship: This is the general name for a guardianship. These guardians have the most responsibility, and they may manage not only the ward’s estate, but also their physical needs. These individuals are granted all of the possible powers and duties by the court.
2. Limited Guardianship: These guardians do not have as much control over the ward’s affairs. For those granted a limited guardianship, the court will decide what powers the guardian has, depending on the ward’s needs and ability to care for themselves. This is done to ensure that the guardian is not given power over the ward in areas that are not necessary.
3. Temporary Guardianship: Not every ward needs a guardian indefinitely. In many situations, an individual may only need assistance because of an emergency but is otherwise capable of handling themselves. Typically, temporary guardians are put in place if the ward’s previous guardian has died, or if the court has yet to appoint a guardian but has reason to believe that the individual needs one for their immediate protection. Temporary guardianships can last up to 60 days, but such guardianships may be extended beyond that if necessary. 

What Responsibilities Will a Guardian Have?

1. Guardianship of the Estate: This means that the guardian would be in charge of the ward’s legal and financial affairs. This includes managing all of their finances, properties, and assets.
2. Guardianship of the Person: These types of guardianships are for persons who are incapable of physically taking care of themselves. These guardians will make decisions regarding the ward’s physical care. This can include making healthcare decisions and choosing where they will be living based on their physical needs.

Call an Oak Park Family Law Attorney

As explained above, there are a number of different types of guardianships, and it can be difficult to determine the level of care and attention that your loved one needs. This can be an emotional decision to make, and it can significantly alter the everyday life of both the guardian and the ward. The Law Office of Vincent C. Machroli, P.C. works to help all of our clients protect their loved ones or be protected themselves. Whether you are the one in need of a guardian, or you seek to be the guardian for a loved one, our guardianship attorney, who has been skillfully handling guardianship matters for over 32 years, can assist you in establishing a guardianship arrangement that meets your needs. Contact our Hillside guardianship lawyer at 708-449-7404 for a free consultation.

Sources: 

https://www2.illinois.gov/sites/gac/OSG/Pages/Guardianship-Fact-sheet.aspx

https://www.isba.org/public/guide/guardianadultdisability