FAQs on Guardianship in Illinois

 Posted on March 26, 2014 in Guardianship

Whether the concern is focused on a minor child, an elderly deteriorating relative, or an individual who is disabled, the law of guardianship may be relevant to the situation and can operate to step in and address some concerns while making a difficult situation more manageable. Many may be unaware that such a legal proceeding exists, and those who are aware may still have many questions about the process. Below, you can find some common and general questions about guardianship and some helpful answers to the same.

When is guardianship needed?

Guardianship is necessary when a person is not able to make or communicate responsible decisions about their personal care or finances. This inability is often attributed to a mental, physical, or developmental disability. The fact that a person may be elderly, mentally ill, or disabled does not necessarily mean they need a guardian. It must be shown that the person is also unable to make proper decisions for themselves. The extent of a guardian’s authority regarding making decisions for an incapacitated person is determined by the court after a thorough evaluation and report.

What is a guardian and what are they responsible for?

A guardian is someone who is appointed by the court to care for an incapacitated person. The guardian may be responsible for the incapacitated person’s health and well being and can also be responsible for their financial affairs. The specific circumstances of each case will determine what powers a petitioner may ask of the court and what the court will ultimately order.

Who can be considered an incapacitated person?

In order to file a petition for guardianship, the person who is the subject of the petition, or the ward, must be considered incapacitated. That is, the person must be declared to be unable to care for themselves and their personal and financial affairs due to a mental, physical, or developmental disability. Incapacitated individuals can include minor children, disabled persons, those with special needs, the elderly, and those with deteriorating or debilitating mental health issues.

Who can act as a guardian?

Under Illinois law, the requirements for being qualified to act as guardian can include:

• Being at least 18 years old;
• Being a resident of the United States;
• Being of sound mind;
• Not being considered disabled as defined by law; and
• Having not been convicted of a felony, unless the court finds that the appointment is in the incapacitated person’s best interest despite the conviction.

Just because the person seeking guardianship is a family member of the incapacitated does not mean the court will automatically grant the petition. In each case, the court will make a decision regarding whether a guardianship is needed and who should serve.

Guardianship Attorneys

The process of petitioning the court in Illinois for guardianship is complicated. If you are considering to take guardianship over an incapacitated loved one, it is crucial to hire an attorney experienced in the process. Contact Davi Law Group, LLC today to schedule a consultation. Our attorneys are prepared to help clients in Chicago and the surrounding areas.