What Types of Guardianships Are Available for Disabled Adults?

There are a variety of situations where a person may become unable to fully care for themselves or provide for their own ongoing needs. In some cases, a person may have developmental disabilities that prevent them from working full-time while also caring for household responsibilities, whereas in others, an elderly person or someone suffering from a debilitating injury or health condition may require assistance with daily tasks and activities. In these situations, legal guardianship, which is established in a probate court, can ensure that a person’s needs will be provided for.

Types of Adult Guardianship

Guardianships fall into two main categories depending on whether a guardian will be responsible for a person’s financial affairs or their personal needs. A guardian of the person will provide for a person’s ongoing care and comfort while ensuring that their health-related needs are met, that they have the appropriate living arrangements, and that they receive the proper education and professional services. A guardian of the person is required to help a person maintain as much independence and self-reliance as possible while offering the necessary support to ensure that they can be safe, happy, and healthy.

A guardian of the estate is responsible for managing a person’s property and finances. This may include making purchases or completing transactions on behalf of the person, entering into contracts, managing benefits such as life insurance or retirement plans, and paying expenses, debts, or taxes. A guardian of the estate is required to manage a person’s finances frugally while using the person’s assets to provide for the needs of themselves and their dependents.

Depending on a person’s needs, either category of guardianship may be established on a plenary (ongoing) basis, or guardianship may be subject to certain limitations. In some cases, temporary guardianship may be appropriate while a person is experiencing health issues that affect their ability to care for themselves. Limited guardianship may also be established, and in these cases, a guardian’s authority will only extend to certain areas of a person’s life, allowing them to maintain some control over their own activities and financial affairs.

Contact Our Evergreen Park Guardianship Attorney

If you have someone you care about who needs help managing their finances or personal affairs, you may be looking to act as their legal guardian to ensure their needs will be met. If you are experiencing issues that affect your ability to care for yourself, you may wish to have someone you trust named as your legal guardian. The Marques Eason Law Group can help you understand your options for establishing adult guardianship, and we can work with you to create a limited guardianship agreement or other arrangements that will meet your needs. Contact our Chicago probate lawyer at [phone] to get legal help with your situation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500050HArt.+XIa&ActID=2104&ChapterID=60&SeqStart=14300000&SeqEnd=17600000

https://www2.illinois.gov/sites/gac/OSG/Documents/GuideAdultGuardianship2011.pdf