If you are worried that a family member is unable to care for themselves due to mental deterioration or illness, you may be wondering if you can be appointed as their guardian. This guide explains the types of guardianship and how to go about getting guardianship in Illinois.
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Guardianship defined
Guardianship of an adult is when someone is appointed by the court to make decisions for an adult who can no longer make decisions for themselves. Often this occurs when an elderly parent or family member begins to suffer from mental illness such as dementia or Alzheimer's. There are two types of guardianship available: guardianship of the person, and guardianship of the estate.
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Guardianship of the person
Guardianship of the person is decision-making power over the personal care of another. This type of guardian is given control over the "ward" (person under the guardianship) in areas such as health care and living arrangements. For example, the guardian can make the decision to put the ward in a nursing home, or can make decisions about their medical treatment. While you do not need an attorney to request guardianship, it can help ensure a smooth process, especially if the potential ward objects.
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Guardianship of the estate
Guardianship of the estate covers the financial matters of someone's life. In these cases, the guardian has the power to handle things such as social security payments and pensions. Guardianship of the estate may be necessary when someone no longer has the ability to pay their bills on time, or their mental illness causes them to be extremely careless with their money. Guardianship of the estate can be complex and the advice of an attorney is recommended.
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Requesting guardianship
You have to file a petition with the court requesting guardianship. You can request one type or both. There are many other documents that must be filed along with the petition. To be appointed guardian, you need to be at least 18 years old and a U.S. resident. You can be disqualified if you are disabled, not of sound mind, or if you have been convicted of a felony. In making a decision, the court may rely on the opinions of doctors and psychiatrists. If the potential ward objects to the guardianship, they can be given an attorney or guardian ad litem to look out for their interests.
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