Share Your Experience

five star review
X
Blog
Lombard Office
630-426-0196
Wheaton Office
630-426-0196
Text Us Now
630-426-0196
Subscribe to this list via RSS Blog posts tagged in plenary guardian

Lombard estate planning attorneyThe World Health Organization estimates that about 50 million people throughout the world currently suffer from dementia. Alzheimer’s disease accounts for about 60-70 percent of all dementia cases. Watching a loved one with dementia suffer from memory loss and cognitive impairment can be heartbreaking, especially if that loved one is your spouse. If your husband or wife has dementia, Alzheimer’s disease, or another health issue that affects cognitive function, you may worry about his or her ability to make important decisions. One way you may obtain the ability to make decisions on behalf of your spouse is through legal guardianship.  

Types of Guardianships in Illinois

When a person cannot communicate his or her needs or make rational decisions, a loved one may choose to establish guardianship so that he or she can make decisions on the person’s behalf. The Illinois Probate Act describes several types of guardianship including limited guardianship, plenary guardianship, guardianship of a person, guardianship of the estate, and more. If your spouse has dementia but is still able to make some decisions on his or her own, a limited guardianship may be appropriate. If you become a “limited guardian,” you will be permitted to make any decisions about your spouse’s finances, medical treatment, and personal care that he or she cannot make on his or her own, but the scope of those decisions will generally be limited by the court that grants the guardianship.

If your spouse has significant impairment, a plenary guardianship will allow you to make all of the decisions about his or her finances and care. Guardianship of the estate is used to ensure that a disabled person’s financial affairs are properly managed. If you are unsure as to what guardianship is appropriate for your particular situation, speak with an estate planning attorney to receive personalized guidance.

...

DuPage County guardianship attorneysAt one point or another, most of us will need help from someone else in regard to managing our affairs. For some of us, we might only need help temporarily as we recover from an injury or illness. In other situations, the need for assistance is permanent and much more serious. If you have a loved one who is struggling to manage their financial or health-related affairs, you might consider pursuing guardianship of that person. There are, however, a few things you need to know before you take any action in that direction.

1. Guardianship Can Only Be Granted by a Probate Court

In the state of Illinois, guardianships fall under the jurisdiction of the probate court. The court has full authority over the appointment and removal, if necessary, of adult guardianships. Unless you have been already been named in your loved one’s valid power of attorney, you cannot begin acting on your loved one’s behalf until the court says that you can.

2. The Person Must Be Disabled

Before appointing a guardian, the court must determine the person in question actually needs help due to some type of disability. In most cases, such disabilities include deteriorating physical or mental faculties, mental illness, or developmental issues. Illinois law also allows the court to find that a guardianship is necessary for an adult who has serious drug, alcohol, or gambling problems.

...
Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
Back to Top