Who Can Be A Guardian For My Disabled Adult Child?

  • Guardianships
Who Can Be A Guardian For My Disabled Adult Child? | Mario Godoy | Chicago Estate Planning Lawyer

Parents who are caretakers of their disabled adult children want to provide for their child’s future care. Guardianship is a legal term for someone who has the legal right to make decisions for someone else. Seeking appointment as a guardian may be a good option if you are the parent of: 

  • An adult who is not able to independently make sound decisions regarding his or her healthcare 
  • An adult who cannot manage his or her finances or property due to mental illness  

Person Guardianship

Illinois law provides for a “person guardianship,” someone who has the responsibility to make decisions regarding personal matters such as health care and housing for the incapacitated person, who is often referred to as the “ward.” A guardian does not have to be related to the child. 

To be qualified as a guardian in Illinois, the person must:

  • Be at least 18 years old
  • Be a resident of the United States
  • Be of sound mind
  • Not be legally disabled
  • Not have a felony conviction that involved harm or threat to a child

How the Court Could Appoint a Person

Under the Illinois Probate Act, the court has the flexibility to design guardianship to meet the specific needs and capabilities of disabled persons. The court can appoint a:

  • limited guardian
  • plenary guardian
  • temporary guardian

Guardianship is appointed by the court. A petition must be filed in the court by an “interested person”. An experienced guardianship attorney who understands applicable Illinois laws can help a parent present a strong case to appoint a guardian for their adult disabled child.

 

If you have questions about caring for a disabled adult child, a knowledgeable Lombard or Chicago attorney can help you understand the legal process in 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.

 

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