What Are the Types of Guardianship for Disabled Adults in Illinois?

 Posted on May 13, 2021 in Guardianship

Under the law, adults who are at least 18 years old are presumed to be able to care for themselves and meet their own needs. However, there are some cases where a person may need help from a family member or friend. Those who have physical or mental disabilities may not have the means to support themselves once they turn 18, or elderly people may lose the ability to care for themselves if their health deteriorates. In these cases, another person may be appointed as the disabled person’s legal guardian. Those who are in these types of situations will want to understand the different types of guardianship available in Illinois.

Options for Guardianship

Two main types of guardianship determine the responsibilities a legal guardian will have in certain areas of the ward’s life (the person being cared for). A person appointed as a guardian of the person will provide personal care for the ward, ensuring that they have a place to live and receive the proper nutrition and medical care while also attending to their everyday needs. A person or organization that is appointed as a guardian of the estate will have the responsibility to manage the ward’s property and financial affairs.

For each of the main types of guardianship, a specific form of guardianship will apply depending on the amount of assistance the ward will need and the amount of time a person will serve as their guardian. Depending on the circumstances, a person may be appointed in a:

• Limited guardianship - If the ward is able to care for some of their own needs or manage some of their own affairs, a guardian may be given limited authority based on the ward’s needs and physical or mental limitations. 

• Plenary guardianship - If the ward is fully unable to care for themselves, a guardian may be given full authority to make decisions on the ward’s behalf in all areas of their life.

• Temporary guardianship - This type of guardianship will last for no more than 60 days, and it is typically used in emergency situations, such as when a person has undergone a medical procedure that has temporarily incapacitated them.

• Short-term guardianship - If longer-term or intermittent care is needed, this type of guardianship may be used, and it will give the guardian the authority to act on the ward’s behalf for a cumulative total of 60 days within a 12-month period.

• Successor or standby guardianship - A person who is currently serving as a legal guardian may designate someone who will serve as guardian in their place if they die, resign, or become unable to perform their duties. A successor guardian will have the same duties as the original guardian, and they will serve in this position until a permanent guardian is appointed.

Contact Our Naperville Legal Guardianship Attorneys

If you wish to be appointed as a legal guardian for a family member or friend, or if you are a disabled person who wishes to appoint a guardian who can provide the care and assistance you need, Calabrese Associates, P.C. can help you understand your options. We will work with everyone involved to find solutions that will protect the rights of the ward while ensuring that a guardian has the proper legal authority. Contact our DuPage County guardianship lawyers at 630-393-3111.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2104&ChapterID=60&SeqStart=14300000&SeqEnd=17600000

https://www2.illinois.gov/sites/gac/aboutus/pages/guardfaq.aspx

https://www.isba.org/public/guide/guardian