When is Guardianship Necessary?

 Posted on December 22, 2022 in Divorce

In some instances, guardianship can be a critical step in protecting the rights of individuals who cannot take care of themselves or make crucial decisions. Guardianship gives authority over a person’s life to another individual, often a family member or close loved one. It is essential to understand when and why guardianship may be necessary so that you can provide proper care and protection for your loved ones. 

Health Conditions

If an individual has a medical condition that affects their ability to care for themselves, guardianship may be a good option to ensure their safety and well-being. For example, if someone has extremely poor health and cannot get out of bed, move around, or manage daily care and tasks by themselves, a guardian may be helpful.

Mental Impairment

A condition causing mental impairment, such as dementia or Alzheimer’s disease, can hinder someone’s ability to make decisions about their care and finances. This may require a legal guardian to be appointed to act on their behalf. Someone with severe, poor mental health may also require a guardian to make sound decisions for them.

Age

Sometimes guardianship may be necessary for individuals who have reached an age where they cannot make decisions for themselves. Just because someone ages does not automatically mean they need a guardian, but sometimes guardianship is in the best interest of that person. A guardian can help make sure decisions are being made within the individual’s finances, health, and other daily life needs. 

End-of-Life Circumstances

When an individual is nearing the end of their life, guardianship is helpful to ensure their wishes are fulfilled. This is not an uncommon scenario for someone living with cancer or a terminal illness. Because of how the illness may affect decision-making, having a guardian helps to ensure the individual is receiving proper care. Guardianship can help provide peace of mind for the individual and their family during this difficult time. 

Children Without Parent Involvement

In some cases, a guardian may be appointed for a child if their parents are unable or unwilling to take care of them. This can help ensure that the child’s rights and needs are respected and looked after. Children need some sort of guardian. If a parent is not involved, usually a family member will be the sole guardian unless they are placed in a foster home.

How to Become a Guardian For Someone

The first step is to make sure you can take on the responsibility of being a guardian. Becoming a guardian for someone can be a complicated and lengthy process. Depending on the situation, you may need to go through the court system to be appointed as a guardian. In other cases, it may require an agreement between all parties involved. 

It is important to understand the legal requirements and procedures that must be followed to ensure that the individual’s rights are respected and their best interests are taken into account.

Contact a Naperville, IL Guardianship Lawyer Today

If you are considering establishing guardianship for an individual, it is essential to seek the advice of an experienced attorney. Contact a DuPage County family law attorney today. Our legal team can assist you with the guardianship process and ensure that all parties involved are protected. We look forward to helping you. Call 630-393-3111 for a consultation.

Souce:

https://gac.illinois.gov/content/dam/soi/en/web/gac/documents/GAC%20OSG%20Call%20Center%20Pre-Recorded%20Information.pdf