Expert Advice When You Need It Most
Posted over 2 years ago. Applies to Illinois, 1 helpful vote, 0 comments
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Guardianship definedGuardianship 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. 2
Guardianship of the personGuardianship 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. 3
Guardianship of the estateGuardianship 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. 4
Requesting guardianshipYou 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. Additional ResourcesIf you are considering guardianship for a family member or loved one, an experienced attorney can make a difference. Not sure whether you need an attorney? Give us a call. We will listen, and give you our honest opinion. If you decide to hire an attorney, we can recommend someone with experience who can help. Related Questions1 Attorney answers: 
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