Share Your Experience

five star review
Lombard Office
Text Us Now

The Pros and Cons of Adult Guardianship

 Posted on May 13, 2019 in Family Law

The Pros and Cons of Adult GuardianshipWhen most people think of guardianship, they imagine something similar to adoption. They begin to take care of a child in a similar fashion to the way they would care for their biological child. While this is one form of guardianship, adult guardianship is also fairly common. Becoming someone’s legal guardian gives you the legal authority to assist that individual with their affairs. This is typically done to help an adult make decisions when they are incapable of doing so themselves. It can be difficult to take on this role, especially if the adults are your parents. However, when debilitating diseases such as Alzheimer’s affect the adult’s mental ability, it can be crucial to take on this position. 

Benefits of Guardianship

One of the primary benefits of legal guardianship is the peace of mind for everyone involved. Not only will you feel more secure and comfortable with the adult you are guiding but you will also feel personal reassurance. Guardianships are typically a last resort for family members when they see that their loved one is not able to make legal decisions on their own. That being said, once the unpredictability is removed from the situation it can take away the stress for everyone involved. Becoming a legal guardian also gives clear legal authority for instances in which it is necessary. When third-parties become involved, it is much easier to have a designated leader rather than someone who is unsure and incapable of making large decisions.

Disadvantages of Guardianship

Much like any other legal process, officially declaring guardianship over another adult involves a lot of time and effort from all parties. An attorney must be included in the process along with the signing of legal papers and court involvement. Although this can seem daunting to some, an experienced attorney can lift the stress of the situation off of everyone’s shoulders. The process as a whole can be very time consuming, yet worth the wait. If you are concerned that your loved one needs someone to help them with legal processes, it is well worth the time it takes to obtain your new title as legal guardian.

The other disadvantages of guardianship are emotionally focused. It can be difficult for adults to accept the fact that they need a legal guardian, especially if that person is a parent. Having your child that you once took care of switch nurturing roles with you can be challenging. Deciding who will take on the role as guardian is also emotionally draining:

  • In large families, this can be a conflict between siblings regarding who should be the official legal guardian; and
  • For smaller families, legal guardianship can be hard due to the lack of choice that a family member has. 

Not all individuals can afford to take care of another adult. However, some people do not have a choice.

Contact a DuPage County Guardianship Lawyer

Receiving guardianship over another adult is a situation that many hope to avoid. Unfortunately, this cannot always be the case. As adults age, some become incapable of making rational legal decisions if the situation ever arises. If you are considering becoming a legal guardian, contact our experienced Lombard, Illinois, guardianship attorneys at A. Traub and Associates for a consultation by calling 630-426-0196.


Share this post:
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