In a perfect world, everyone would plan for the potential that they are no longer able to make decisions for themselves due to age or infirmity. By signing proper powers of attorney forms or other directives, most adults would be able to avoid guardianship. Unfortunately, we do not live in a perfect world. Many people do not properly plan for potential disabilities, or have a plan that failed due to an agent refusing to serve. Other individuals require a guardianship due to being under 18 years of age or due to a life-long disability. In these cases, a guardianship may be required.
There are two basic types of guardianship in Illinois. The first is the guardianship of the person. This means the guardian is responsible for the physical and health needs of the disabled person. The other type of guardianship is guardianship of the estate. This means the guardian is responsible for the financial affairs of the disabled person. Often an individual or entity is chosen as the guardian of both the estate and person.
Being a guardian is an important responsibility. You have a duty to look out for the best interests of the disabled person. In addition, you have duties to the Court. This includes complying with the court rules and procedures, regularly filing reports and accountings with the court, and appearing in court if required by the judge. These tasks should not be undertaken lightly. Bielski Law Office will assist you with all aspects of the guardianship process, and will assist you in complying with all court orders and rules.
If you are concerned about a loved one’s ability to manage their health-care or financial affairs, please give us a call. We can explain your options, and, if necessary, help you navigate the guardianship process.