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Guardianship for a Disabled Adult

 Posted on October 18, 2018 in Family Law

IL family lawyerGuardianship is a legal process that gives one person legal authority over another. The most common use for guardianship is a family member or close friend of a child’s parents becoming guardian over a child or other family member. However, that is not the only use for guardianship. It is also used for disabled adults who can no longer take care of themselves due to mental and/or physical incapacitation.

Types of Guardianship

The role of a guardian depends on the disabled person:

  • Personal guardians will make decisions relating to medical needs, residential placement, and other needs.
  • Estate guardians will make decisions on the funds and assets of the incapacitated individual.

There are also divisions for the amount of freedom given to the guardian. The court reviews the decision-making capabilities of the disabled person and makes a decision to appoint the guardian as one of these types:

  • Limited guardians are only permitted to make specific decisions for the disabled person which the court lays out.
  • Plenary guardians are usually permitted to make all decisions about finances and/or personal care for the disabled adult. Plenary guardian decisions are still subject to review by the court.

Occasionally a judge will appoint a temporary guardian, which is undertaken during after the petition for guardianship is filed and ends once the guardian has been appointed.

Obtaining Guardianship

The first step to obtaining a guardianship is to file a petition in court. The petition will have basic information, such as name, date of birth, and address of the individual who is believed to need the guardianship. The petition also needs to include information from a doctor on the person’s physical and mental well-being and their ability to make decisions. That information is crucial because the court will need to know what state the individual is in to determine the right type of guardianship.

Once the petition has been filed, the person who is alleged to be disabled, known as the respondent, needs to be served with a court summons and copy of the petition. Next, a hearing date is set. At the hearing the respondent may have an attorney, a jury trial, and present evidence and witnesses if they wish. The hearing will consist of evidence presented about the respondent’s capabilities, living situation, financial information, etc. The court reviews all the information presented and makes a recommendation on a guardianship.

Contact Our Experienced Naperville Guardianship Lawyers

If you need assistance obtaining guardianship for an individual, the attorneys at Mevorah & Giglio Law Offices can help you with your case. Contact our skilled DuPage County family lawyers at Mevorah & Giglio Law Offices for a free initial consultation today.



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