As a Chicago adult guardianship attorney, I’ve seen firsthand how vital the process of adult guardianship can be in protecting the rights and well-being of vulnerable individuals. In Illinois, adult guardianship plays a crucial role in family law, ensuring that adults who cannot care for themselves are supported and protected. I will now discuss the importance of adult guardianship, the legal framework governing it, and how it impacts families in Illinois.
In Illinois, adult guardianship is primarily governed by the Illinois Probate Act (755 ILCS 5/11a-1 et seq.). This legislation provides a comprehensive framework for appointing guardians for adults who, due to mental or physical incapacity, are unable to make decisions about their personal care or finances. The process is designed to safeguard the individual’s rights while providing them with the necessary support to live a safe and dignified life.
Adult guardianship becomes necessary when an adult cannot manage their personal or financial affairs due to conditions such as mental illness, developmental disability, dementia, or severe physical disability. Families often face difficult decisions when a loved one loses the ability to make safe and sound decisions. In such cases, guardianship ensures that someone trustworthy is legally empowered to make decisions on behalf of the incapacitated person.
As your adult guardianship attorney, I have guided many families through the guardianship process, providing them with the legal support they need during challenging times. It’s important to understand that the goal of guardianship is not to take away an individual’s independence but to provide the necessary assistance to ensure their safety and well-being.
The process of establishing adult guardianship in Illinois is a crucial and empowering one. It begins with filing a petition with the court, which must include detailed information about the individual’s condition and why guardianship is necessary. The court will then schedule a hearing to evaluate the evidence and determine whether the individual is indeed incapacitated.
During the hearing, the court considers medical evidence, testimonies from family members, and sometimes the testimony of the individual for whom guardianship is sought. If the court finds clear and convincing evidence, a legal standard that means the evidence is highly and substantially more probable to be true than not, that the individual cannot make decisions about their personal care or finances, it will appoint a guardian.
There are two main types of guardianships in Illinois:
In some cases, a single person may serve as both guardian of the person and guardian of the estate. The court aims to appoint a guardian who will act in the best interest of the ward, ensuring their needs are met and their rights protected.
A guardian of the person is responsible for making decisions about the personal care of the ward, such as healthcare and living arrangements. A guardian of the estate manages the ward’s financial matters, including paying bills and managing assets.
The timeline can vary, but it typically takes a few months from filing the petition to the court hearing. The process includes gathering medical evidence, notifying interested parties, and preparing for the court hearing.
Yes, guardianship can be contested. Interested parties, such as family members, can present evidence to the court if they believe that guardianship is not necessary or that the proposed guardian is not suitable.
A guardian is responsible for acting in the best interest of the ward. This includes making decisions that ensure the ward’s health, safety, and financial stability. Guardians must also file regular reports with the court detailing their actions and the ward’s condition.
Guardianship can be permanent or temporary. Permanent guardianship lasts as long as the ward remains incapacitated. Temporary guardianship is for a limited time, usually in emergency situations, and can be terminated or extended by the court.
Navigating the complexities of adult guardianship can be overwhelming. At Gordon & Perlut, LLC, we are here to provide you with the support and guidance you need through every step of the process. If you believe that a loved one may need a guardian, don’t hesitate to reach out for a free consultation. Our dedicated legal professionals will work with you to ensure that your loved one receives the care and protection they deserve. Contact our Illinois adult guardian lawyers at either our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a consultation to discuss your case.