3 Types of Illinois Guardianship

  • Guardianships
3 Types of Illinois Guardianship | Mario Godoy | Chicago Estate Planning Lawyer

Guardianship is a legal term that refers to the legal right to make decisions for someone else. The Illinois Probate Act gives courts the flexibility to tailor guardianship to meet the needs and capabilities of disabled persons. Depending on the decision-making capacity of the disabled person, called the ward, in addition to person guardianship and estate guardianship, the court can appoint 3 types of Illinois guardianship

Guardianship is a legal term that refers to the legal right to make decisions for someone else. The Illinois Probate Act gives courts the flexibility to tailor guardianship to meet the needs and capabilities of disabled persons. Depending on the decision-making capacity of the disabled person, called the ward, in addition to person guardianship and estate guardianship, the court can appoint 3 types of Illinois guardianship.

Limited Guardian

A limited guardian is granted the power to make only those decisions about personal care and/or personal finances that the court specifies. A limited guardianship is typically used when the person does not require extensive supervision and only makes decisions that cannot be made by the ward. The powers of a limited guardian are specified in the court order.

Plenary Guardian

The court can also appoint a plenary guardian who has the power to make all decisions about personal care and/or finances for the disabled person. Plenary guardianship is a combination of estate guardianship and person guardianship. The person assigned by the court as a plenary guardian can make decisions about both the estate and personal care. The plenary guardianship can be permanent or for a short-term duration.

Temporary Guardian 

In anticipation of emergencies, the Probate Act provides for a temporary guardian who may be appointed by the court for a period of no more than 60 days as a short term remedy and is used when potential harm or an emergency exists.

Guardianship can be complicated. If you have questions about caring for a disabled person, a knowledgeable Lombard or Chicago attorney can help you understand the legal process for guardianship cases, represent you in court, suggest alternatives to guardianship, or provide other assistance as you seek to protect you and your family’s legal rights. To set up an initial meeting, call the Estate & Probate Legal Group today at 1-630-800-0112.