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Seeking Guardianship of Your Adult Child

 Posted on February 13, 2024 in Guardianship

IL family lawyerIf you have a child with significant disabilities, you may have known for a long time that you would probably need to retain legal guardianship of them when they turn 18 years old. Your child may also know that guardianship has always been the plan. Or, your child’s need for guardianship may not have become apparent until after they became a legal adult. Some parents of adult children pursue guardianship after their child suffers a traumatic brain injury, becomes addicted to drugs, or experiences a significant mental illness that prevents them from caring for themself. For some, obtaining guardianship is an expected and relatively simple process. For others, it can be very emotional, and you may wonder whether you are doing the right thing. A Naperville, IL, adult guardianship attorney can help you reach a decision about whether to pursue guardianship for your child.

Who Can be Placed Under Guardianship in DuPage County, IL? 

Illinois state law lists several different types of disabilities for which an adult may be placed under the guardianship of a responsible person. Types of disabilities that may mean you can obtain guardianship over your adult child include:

  • Intellectual disabilities - If your child has a lifelong intellectual or developmental disability, such as Down’s Syndrome or severe forms of Autism, and will never be able to safely live on their own, you can likely obtain guardianship when your child turns 18 years old. If your child has always been in a special education class, it is likely that they qualify for guardianship. 
  • Serious mental illness - A mental illness that is not well-managed and prevents an adult from caring for themself may mean that they need a guardian to manage their affairs. Most psychotic disorders and very severe depression can fall under this category. However, if your child is taking medication that is working and they are managing their own affairs successfully, they may not need a guardian. 
  • Substance abuse or gambling addiction - If your child is so frequently and severely intoxicated that they are not able to manage their own life or is addicted to gambling to such an extent that they cannot manage their own finances, you may be granted guardianship. This type of guardianship may be temporary, lasting only until your child can get treatment and reclaim control of their life. 

Choosing to place your adult child under guardianship can be challenging, but it is often the best way to help an adult who cannot manage their own affairs.

Contact a DuPage County, IL, Adult Guardianship Lawyer 

Calabrese Associates, P.C. is committed to helping parents of adults with disabilities protect their children. Our understanding Naperville, IL, adult guardianship attorneys will do all we can to help you safeguard your adult child. Contact us at 630-393-3111 for a confidential consultation.

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