While putting your affairs in order during estate planning, it is prudent to consider a time in the future when you might become disabled. Some older adults eventually experience periods of diminished capacity. If it happens to you, you might need assistance with managing your life and your funds when you cannot.

Even if a guardian has not been predesignated, a Naperville court may appoint one. An experienced Naperville guardianship lawyer may be able to facilitate the process of preparing for the future when you or a loved one may need some extra assistance. A capable legal professional may also be available to file a petition for the appointment of a guardian, if necessary.

Guardian of the Person vs. Guardian of the Estate

The guardian of the person and the guardian of the estate are tasked with distinct responsibilities, but the roles may be assumed by the same trusted person. Provisions for disabled persons are codified in a portion of the Probate Act of 1975, and they describe how to appoint a guardian as well as what their responsibilities might be.

Per the Illinois Compiled Statutes, 755 ILCS 5/11a-2, a person with a disability is defined by law as an adult who is unable to manage themselves or their estate because of mental deterioration or physical incapacity.

Public policy in Naperville requires the promotion of independence in its citizens. Thus, per 755 ILCS 5/11a-3(b), “Guardianship shall be utilized only as is necessary to promote the well-being of the person with a disability, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance and independence”.

Guardian of the Person

As proscribed by 755 ILCS 5/11a-17, a personal guardian may care for a person who has become disabled or incapacitated, in compliance with the directions of the court. The person to be cared for is referred to by the statute as the ward.

A Naperville court may have the power to tailor a grant of guardianship to the needs and wishes of the ward. A seasoned Naperville guardianship attorney may be well-versed in such interactions with the tribunal.

Guardian of the Estate

Conversely, a guardian of the estate may locate and manage the assets of the incapacitated party. Further, they may be tasked with protecting the assets from waste or mismanagement.

A guardian of the person may ask the estate’s money manager for funds which are necessary for the care and maintenance of the ward. A competent guardianship attorney in Naperville may discuss other duties of the guardian of an estate with clients during a consultation.

Standby Guardian of the Person or Estate in Naperville

A Naperville resident who is putting their affairs in order may choose to appoint a standby guardian, in addition to their primary guardian. By the authority of 755 ILCS 5/11a-8.1, a responsible party, or their attorney, may file a petition for a standby guardian for a disabled person.

A standby guardian may succeed the current guardian of the person or the estate in the event that it becomes necessary. A skilled guardianship lawyer in Naperville may provide additional information on standby guardians to interested parties.

Speak with a Guardianship Attorney in Naperville Today

If you are being proactive about preparing for life changes as you age, you may have already considered speaking with an attorney about the legal aspects of your future. A diligent Naperville guardianship lawyer may make the process of appointing or obtaining guardianship smoother. Call today to discuss your needs and have your questions answered.