What is better to do guardianship or conservatorship for a child who will be turning 18??

Asked about 1 year ago - Dwight, IL

Getting mixed advice on which is better for my son who is almost 18, severely mentally handicapped. Which is better to do?

Attorney answers (3)

  1. James Gregory Las Cola

    Contributor Level 13


    Lawyers agree

    Answered . Hi, Good for you thinking ahead to plan for son's approaching birthday. The answer to your question will likely depend on where he resides. If he resides in Illinois, you will be seeking to have a guardian appointed of his person, his estate or both. You should seek to hire an attorney who is knowledgeable about both guardianship and estate planning, so you can also begin to plan for your son's special needs in the future. You can search for attorneys by practice area and location here on Avvo.com. Look for someone who resides in the county where you son lives. Be encouraged.

    Of course, as always this answer is general in nature, applies only to Illinois law, assumes certain facts omitted... more
  2. Judy A. Goldstein

    Contributor Level 20

    Answered . Since are getting mixed advice, (presumably from non-lawyers,) the best thing for you to do is consult with a probate attorney who will be able to review all facts and advise you accordingly.

  3. Judith Anne Schening

    Contributor Level 14

    Answered . I agree with my colleague that you should seek advice from a probate attorney in your area. A "conservator" generally means a person appointed by the court to administer the property of a disabled adult, while a "guardian" is a person appointed by the court to make decisions regarding "the person" of a disabled adult. Under the Guardians for Disabled Adults section of the Illinois Probate Act, if your son is disabled and totally without capacity, if it is in his best interests the court can appoint a “plenary” guardian who would make decisions about both his property and his person.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps.... more

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