Appointing a Guardian for a Disabled Adult in Illinois
Guardianship is a legal arrangement that provides protection and support for individuals who are unable to make decisions for themselves due to a disability. In Illinois, the process of appointing a guardian for a disabled adult is governed by the Illinois Probate Act, specifically Article XIa (755 ILCS 5/11a), which outlines the procedures and requirements for establishing guardianship. Below we provide some basic facts regarding guardianship for disabled adults in Illinois. For advice and assistance in your particular situation, contact us at our offices in Hoffman Estates or Des Plaines to share your concerns with a knowledgeable and dedicated Illinois guardianship attorney.
Understanding Guardianship
Guardianship is a legal relationship between a guardian and a ward (the person with a disability). The guardian is responsible for making decisions on behalf of the ward, including decisions related to healthcare, living arrangements, and financial matters. The goal of guardianship is to ensure the well-being and safety of the ward while respecting their rights and dignity.
In Illinois, there are two main types of guardianship for disabled adults:
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Guardianship of the Person: This type of guardianship focuses on making decisions about the ward’s personal care, medical treatment, and living arrangements.
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Guardianship of the Estate: This type of guardianship involves managing the ward’s financial affairs, including property and assets.
It is possible for the court to appoint separate guardians for the person and the estate, or a single guardian for both roles.
Eligibility for Guardianship
To be eligible for guardianship in Illinois, the disabled adult must be at least 18 years old and unable to make decisions for themselves due to a mental, physical, or developmental disability. The court must determine that the individual lacks the capacity to manage their personal and/or financial affairs. Illinois law defines important terms such as “developmental disability,” “intellectual disability,” “related condition,” and “person with a disability” to guide individuals and family members in assessing whether one qualifies for guardianship under Illinois law.
The Guardianship Process
The process of appointing a guardian for a disabled adult in Illinois involves several steps:
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Filing a Petition: A petition for guardianship must be filed in the probate court in the county where the disabled adult resides. The petition should include information about the proposed ward, the proposed guardian, and the reasons why guardianship is necessary.
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Notice: Notice of the guardianship proceeding must be given to the disabled adult and other interested parties, such as family members.
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Appointment of a Guardian ad Litem: The court will appoint a guardian ad litem (GAL) to investigate the petition. Many disabled adults are unable to make the trip to court and the court is unable to visit with each and every person for whom guardianship is sought. The judge will appoint the GAL, an attorney who has undergone specific training, to serve as the “eyes and ears of the court” and to prepare a report opining whether guardianship is necessary and appropriate.
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Hearing: The court will hold a hearing to determine whether guardianship is necessary and appropriate. The disabled adult has the right to be present at the hearing and to be represented by an attorney.
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Appointment: If the court finds that guardianship is necessary, it will appoint a guardian and issue an order outlining the guardian’s duties and powers.
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Reporting: The guardian will be required to file periodic reports with the court, detailing the ward’s condition and the actions taken on their behalf.
Choosing a Guardian
When selecting a guardian, the court will consider the best interests of the disabled adult. Preference is often given to family members, but the court may appoint a professional guardian or a public guardian if no suitable family member is available. The proposed guardian must be willing and able to fulfill the responsibilities of guardianship and must not have any conflicts of interest.
Help Is Available When Seeking Guardianship of a Disabled Adult in Chicago
Appointing a guardian for a disabled adult in Illinois is a legal process that requires careful consideration and adherence to state laws. If you are considering guardianship for yourself or a loved one, it is important to seek the guidance of an experienced guardianship attorney who can help you navigate the legal requirements and ensure that the best interests of the disabled adult are protected.
At MacDonald, Lee & Senechalle, Ltd., our dedicated team of guardianship attorneys has the expertise and compassion to assist you with all aspects of guardianship proceedings. Contact us today to learn more about how we can help you and your family. Call 847-310-0025 in Hoffman Estates or 847-298-5030 in Des Plaines to get started today.
