Adult Guardianship

Most people will require assistance from someone else at some point in their lives. In some cases, it may be a temporary situation, such as while recovering from an illness or surgery. In other cases, the need for help is more serious and permanent.

If you have a family member or loved one who is having trouble managing their personal affairs, our experienced attorneys can help you explore whether an adult guardianship is necessary and appropriate.

Any condition that prevents a person from responsibly making or communicating decisions about his or her personal affairs may be considered a disability for the purposes of guardianship proceedings. A person could be deemed disabled due to:

• Deterioration of mental faculties
• Physical incapacitation
• Mental illness
• Developmental disabilities

A disability could arise as the result of a sudden, tragic event such as an accident or illness, or it could develop slowly over time.

It is up to the court to decide what type of help the disabled person needs, but there are two basic areas of responsibility. A guardian of the estate is responsible for helping to manage the disabled person’s money and property, while a guardian of the person may be appointed to look after the health and medical needs of the disabled individual.

Within these areas of responsibility, the court may limit the guardian’s authority to certain aspects of the disabled person’s affairs. If both a guardian of the person and a guardian of the estate are needed, the court may appoint a different person for each role or the same person to serve in both capacities.

As you look to the future, it is possible for you to nominate a trusted person to serve as your guardian if you ever become disabled. Your nomination, however, does not eliminate the need for court approval.

We can also help you put in place documents that will allow you to designate a trusted person to facilitate decision making when you are not able to make your own decisions, without the need to go to court and appoint a guardian.

Our attorneys also have experience resolving cases pertaining to abuse, neglect and financial exploitation of disabled or elderly individuals.  In many cases, this occurs when a trusted individual misuses legal authority, such as a power of attorney, to cause harm to the disabled or elderly person.  This abuse can take many forms, including physical or mental abuse, financial exploitation, intentional or unintentional failure to provide essential needs like food, shelter, or medical care and many other forms.

If you believe you or a loved one has been abused or financially exploited, our elder law attorneys will help you stop the neglect or abuse and pursue appropriate legal remedies against the abuser as well as protect you or your loved one from future harm.

Guardianship Of A Minor

In Illinois, guardianship of a minor may be necessary when a child under the age of 18 is without a legal decision-maker or receives assets (for example, through inheritance or lawsuit settlement) exceeding $10,000.00.  Depending on the circumstances, the court may appoint a guardian of the person, a guardian of the estate, or both.

Guardian of the Person of a Minor

A guardian of the person is responsible for the minor’s daily care and well-being. This includes decisions about the child’s education, medical care, living arrangements, and general welfare.

Guardianship of the person is typically needed when:

• The child’s parents are deceased, missing, incarcerated, or otherwise unable to care for the child.
• The child is living in an unstable or unsafe environment.
• The current caregiver needs legal authority to make decisions on behalf of the child (e.g., enrolling the child in school or obtaining medical care).

The court prioritizes the best interests of the child when appointing a guardian and will consider the guardian’s relationship to the child, their ability to provide a stable environment, and any objections by surviving parents or relatives.

Guardian of the Estate

A guardian of the estate is required when a minor inherits or receives assets valued at more than $10,000.00, such as through life insurance, personal injury settlements, or an inheritance. Importantly, even if a parent is alive, willing, and able to care for the child, the court still requires the formal appointment of a guardian of the estate to manage and safeguard the minor’s financial assets until the minor reaches the age of 18.

Once appointed by the court, the guardian must deposit the funds into a restricted bank account, which is subject to court oversight.  These funds:

• Must remain untouched until the child turns 18 unless the guardian petitions the court and receives approval to use the funds for the child’s benefit (e.g., education, medical care, or other necessary expenses).
• Are monitored by the court through required accountings and reports to ensure the money is being handled appropriately.

We understand the sensitive nature of guardianship matters and provide compassionate, experienced legal guidance throughout the process.  

If you are caring for a minor who may need a legal guardian or managing assets on behalf of a child, contact our office to schedule a consultation. We’re here to help you navigate the legal system and protect the best interests of the child.