Law Offices of Anthony R. Scifo – Guardianship Lawyer – Call 847-628-8311
Guardianship for Adults in the State of Illinois – Guardianship Lawyer
The intention of a guardianship is to protect a senior with disabilities from neglect and abuse. A guardianship can become necessary if an elderly person is not able to care for themselves and make appropriate decisions. For example, how to take care of their home, obtain medication and care or how to obtain necessities like food and clothes.
The Illinois Probate Act permits creation of a guardianship in the event a court determines a disability. The probate courts have several options when it comes to which type of guardianship is appropriate.
Different types of guardianship include:
-Guardian of the person. If an elderly or disabled person cannot give their consent regarding medical care, this type of guardianship may apply. Similarly, the court may deem guardianship of the person appropriate if the elderly individual cannot live independently.
-Guardianship of an estate. If a person becomes incapacitated and unable to manage their finances, the court might choose to name a guardian of the estate. The size of the person’s estate might be a deciding factor in these cases. A guardian would, for example, see that the estate pays bills and other expenses on time.
-Limited Guardianship. If an individual is still able to decide personal issues, this form of guardianship might be appropriate. A limited guardianship grants decision-making authority for financial or personal matters for the partially disabled individual. The naming of a limited guardian requires a physician to identify what the disabled individual is able to do. The court then identifies which specific responsibilities the limited guardianship may handle
-Plenary Guardianship. This is among the most common forms of guardianship. It can be appropriate
when the elderly person is fully disabled and cannot manage financial and fundamental personal care.