Understanding Guardianships of Disabled Adults in Illinois

 Posted on November 23, 2022 in Family Law Blog

Throughout a lifetime, there are times when you may find yourself relying on someone else for different reasons. For some people, however, this need to rely on someone else is more significant than a typical individual's need to rely on someone. For instance, if someone is disabled physically or mentally, they may require a higher level of assistance.

Watching a family member or friend struggle to sustain themselves and manage their life can be heartbreaking. Luckily, in Illinois, if you are watching a friend or loved one struggle to maintain their affairs due to a disability and wish to help them, you can pursue guardianship of that individual. If you are interested in learning more about seeking guardianship of a disabled adult, consult an experienced attorney with knowledge of guardianships to ensure your rights and the disabled individuals' rights remain protected and that the process is as smooth as possible. 

What Situations Warrant a Guardian?  

There are lots of different reasons why an individual may need a guardian. These reasons may include the following:

• Cognitive decline due to aging

• Psychological illness

• Developmental delays

• Physical incapability 

Furthermore, to become a guardian, someone must be:

• 18 years old or older

• A U.S resident

• A reasonable and established person

• Not possess a legal disability besides blindness, as blindness does not necessarily disqualify a guardian 

• Not have a felony conviction that involved the harm or threat of harm to a child, senior, or individual with a disability 

If you are interested in obtaining guardianship of someone and you have a felony conviction not related to those listed above, the court may consider your eligibility on a case-by-case basis.

What to Know About Guardianships in Illinois 

 If you are tired of watching your friend or loved one struggle to manage their medical or economic needs and wish to help them, attaining guardianship of that individual is an excellent option. Under Illinois law, guardianships are divided into two primary areas of concern: the person's needs and their estate. The court may assign a single individual to oversee both areas of concern or separate guardians for each area. When you become someone's guardian, you are responsible for handling their financial assets and making decisions on their behalf. In addition, a skillful attorney can help you and your friend or loved one sort through any estate planning needs. 

Contact a DuPage County Guardianship Attorney 

Fewer acts are nobler than helping someone in need. If you are interested in becoming someone's guardian, contact the astute Arlington Heights guardianship lawyers with A. Traub & Associates. Call today for a comprehensive consultation at 630-426-0196.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2104&ChapterID=60&SeqStart=14300000&SeqEnd=17600000