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Lombard guardianship lawyersIf you wish to be the primary caregiver of a friend or family member who is unable to care for themselves, one option which you have available in Illinois is guardianship. Guardianship can be granted by a judge to help an adult who cannot make general life decisions on his or her own. Guardian responsibilities are categorized into two groups: financial/estate responsibilities and personal responsibilities. In Illinois, there can be separate guardians for a person and their estate or the same person can look after the disabled individual’s personal needs and make estate decisions.

Guardian Qualifications

In order to become a person’s legal guardian, you must be at least 18 years old, not legally disabled, a United States resident, cognitively capable of caring for another, and free from certain prior felony convictions. If the disabled person in question wishes for you to become his or her guardian, such wishes will be considered by the court, but the court is not obligated to approve you as a guardian.

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Posted on in Family Law

Lombard guardianship lawyersIn Illinois and indeed all over the country, there are children and disabled people who require a bit of extra help to have their needs met. While most often, people have family members to act for them, those who do not may need temporary or permanent guardians. There are specific procedures one must follow to become one and specific rules to be followed once one has the position.

General Guardianship Information

Most guardianship proceedings are conducted through the probate court. However, guardianship of a child differs slightly from seeking the guardianship of a disabled person in that guardianship of a minor automatically ceases when that child turns 18. Able-bodied adults over 18 are entitled to a rebuttable presumption that they can handle their own affairs. As such, obtaining guardianship for a 17-year-old may be more difficult and less practical than seeking guardianship over a 10-year-old simply because it would expire so quickly.

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Lombard estate planning attorneyMaking any kind of estate plan is an emotional task, especially when the arrangements you are creating impact the ones you love most. Estate planning can be particularly challenging when you have to consider a loved one with special needs, as the circumstances surrounding their health and finances may mean more time and attention spent on details on your part to ensure they are properly cared for.

If your loved one’s capacity for self-care is limited due to a mental or physical disability, you thankfully have resources and options available to you. Illinois law allows you to offer assistance to your disabled loved one and protect their best interests, beginning with two special estate planning tools: a guardianship and a special needs trust.

Obtaining Guardianship

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Illinois Guardianship and Advocacy Commission, Illinois Law, Guardianship, Illinois Family Law, Illinois Family Lawyer, Illinois Family Law Attorney, Arlington Heights Family Law Attorney, Legal Guardian, Health Care Surrogate Act, Disabled Adult, Power of AttorneyTaking care of a disabled adult, or helping them care for themselves, can be one of the most stressful and difficult ordeals a person and family can go through. In many cases, families consider assuming legal guardianship to make things easier. However, this is often the most restrictive alternative available to the disabled person. There are many alternatives to assuming guardianship in Illinois available under the law.

According to the Illinois Guardianship and Advocacy Commission, it is important to explore the alternatives to guardianship before making a decision. After all, guardianship often means having the family’s private affairs examined publicly in court, and inviting court supervision for the future. Whenever possible, the situation should first be discussed with a team of professionals, including medical staff, social workers, caretakers, and an experienced attorney as well as family and friends.

Under Illinois law, an alternate means of medical decision-making for the disabled individual may be established under the Health Care Surrogate Act for a person who has become incapacitated.

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