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:
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