Reeder & Brown, P.C.


Joliet Guardianship Lawyer

Plainfield adult guardianship attorney

Skilled Attorneys for Legal Guardianship in Will County

There are numerous situations in which it may be necessary to establish legal guardianship for an adult. In some cases, family members may be concerned about an elderly loved one's ability to care for themselves or manage their finances. In others, a person may have a physical or mental disability, and they may be unable to fully address their own needs. Guardianship will allow a person to ensure that they will be able to make decisions on behalf of an adult who needs assistance, and it will also put measures in place to protect the rights and interests of the disabled person.

Establishing guardianship for a disabled adult can be a complex process, both legally and emotionally. Guidance and legal support from an experienced attorney can be essential in navigating the guardianship process in Illinois. At Reeder & Brown, P.C., our attorneys are knowledgeable and experienced in this area, as well as other matters related to family law. We will work closely with you to ensure you understand the legal steps you will need to follow, the rights and obligations associated with guardianship, and other legal issues that may affect your family. With the help of our attorneys, you can be confident that guardianship matters will be handled correctly.

Guardianship Laws in Illinois

Legal guardianship may be appropriate for an adult who is disabled, and this person is known as a "ward." Illinois law states that a person who is at least 18 years old may be considered to be disabled if they cannot fully manage their personal or financial affairs because they are physically incapable of doing so or because of the deterioration of their mental faculties, if they have a mental illness or developmental disability that has affected their ability to fully care for themselves or manage their finances, or if they have engaged in substance abuse, gambling, or other activities that have wasted their financial resources and caused themselves or their family to experience financial problems.

A disabled person can file a petition for guardianship and name the person who they wish to serve as their legal guardian, or another interested party can file a guardianship petition for a person they believe to be disabled. Before a court will appoint a guardian for a ward, clear and convincing evidence of the person's disability will need to be provided. If necessary, a court may order an examination of the person by a doctor or mental health professional to determine whether they are disabled and whether guardianship is needed.

There are two types of legal guardians:

  • A guardian of the person will be responsible for making decisions about the disabled person's personal care, such as medical and psychological treatments, nutrition, housing arrangements, clothing, or transportation.
  • A guardian of the estate is responsible for making decisions about the money and property of a disabled person. This may include collecting income from benefits or other sources to ensure sufficient funds are available to provide for the ward's basic needs.

The court may choose to appoint either or both types of guardian for a person. One person may serve as both the guardian of the person and the guardian of the estate, or different people may serve in these roles.

When guardianship is established, it should only address the issues that are necessary to protect the ward's well-being and ensure that they are safe from abuse, neglect, or exploitation. A ward should be able to be as self-reliant as possible, and the rights and duties of a guardian may be limited to the areas of the ward's life that they need assistance with. To ensure that a ward's ongoing needs will be met, the court will review guardianship on a regular basis (usually once a year). The guardian will be required to submit a report detailing the ward's status, and the court will make a decision about whether continued guardianship will be necessary.

Contact Our Will County Guardianship Lawyers

It can be overwhelming to know where to start when it comes to establishing guardianship of a disabled adult. At Reeder & Brown, P.C., we understand the guardianship process in Illinois, and we are here to help you navigate these issues with confidence. We will advise you of your options, make sure you understand your rights and responsibilities, and ensure that you will be able to provide for the personal and financial needs of an elderly or disabled loved one. Contact us today at 815-885-5980 to arrange a free consultation and learn more about how we can provide legal assistance in guardianship matters.

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