When is a Legal Guardian Appointed in Illinois?

 Posted on June 07, 2021 in Guardianships

Obtaining guardianship over an adult can be a sensitive topic in many situations. When you ask a court for guardianship over a person, you are essentially asking them to grant you decision-making authority over important aspects of that person’s life. Sometimes, guardianship authority will be limited to certain purposes, such as managing a person’s financial affairs. However, other times, guardianship authority will include decision-making power in nearly all areas, especially when an individual is incapacitated to the point where they are not able to make decisions about their own affairs.

Common Situations that Warrant Guardianship

There are various reasons why a person might have a guardian appointed for them. According to Illinois law, an adult can only have a guardian appointed to manage their affairs if they are disabled and unable to “make or communicate responsible decisions” about their personal affairs. In Illinois, guardians can be appointed in cases of mental or physical disability, as well as in cases of gambling or addiction which prevent a person from effectively managing their affairs.

Making the decision to appoint a guardian for someone can be difficult. The person who needs help may feel as if their rights and freedoms are being taken away, even if you are only trying to help. It is common for people to be unsure if guardianship is the right choice for their situation. Here are some of the most common situations that warrant establishing guardianship:

• Your parent or another older adult is aging and has trouble making day-to-day decisions. Many people expect to have to take care of their parents at some point. It is common for older adults to experience a decline in their mental and physical abilities as they age. Establishing guardianship for them would allow you to make sure their affairs are handled properly and that they are not being taken advantage of.

• A child who has a disability turns 18, but cannot manage their own affairs. Not all disabilities mean that a person needs a guardian, only those that prevent them from making rational decisions or caring for themself. It is common for children with disabilities to remain under the guardianship of their parents after reaching adulthood.

• A person is injured and becomes incapacitated. It is also common for those who have become injured or ill and lost their mental capacity to have guardians appointed. For example, if a person gets into a car accident and suffers brain damage, they may have a guardian appointed to help keep their affairs in order, depending on their needs.

• A person develops a severe alcohol, drug and/or gambling addiction which impacts their life significantly. Illinois law also allows individuals who suffer from drug and/or alcohol addiction or gambling issues to have a guardian appointed for them. These cases typically involve severe alcoholism or drug addiction which affects multiple aspects of the person’s life and prevent them from functioning well. A guardian can be appointed to manage that person’s financial affairs and to ensure that they are protected and do not destroy their finances.

Contact Our Oak Park, IL Adult Guardianship Attorney Today

If you have a friend or loved one who has difficulty making decisions for themselves, it may be time to look into appointing a guardian for them. At the Law Office of Vincent C. Machroli, P.C., we can help you determine whether filing for guardianship would be appropriate in your situation, as well as walk you through the process. To discuss your matter with a highly experienced Hillside, IL guardianship lawyer, call our office today at 708-449-7404 to schedule a no-charge initial consultation.

Sources:

https://www.forbes.com/sites/christinefletcher/2018/09/13/5-ways-to-know-you-need-a-guardianship-for-mom-or-dad/?sh=1319050228d3

https://www2.illinois.gov/sites/gac/OSG/Documents/GuideAdultGuardianship2011.pdf