Monahan Law Group, LLC
  • Home
  • Attorneys
  • Practice Areas
    • Community Based Services
    • Elder Law
    • Estate and Trust Administration and Probate Litigation
    • Estate Planning
    • Guardianship
    • Mental Health
  • Presentations
  • Giving Back
  • Blog
  • Contact
Select Page

Are the powers of a guardian limited?

On behalf of Monahan Law Group, LLC | Mar 6, 2020 | Firm News

Some families have children or relatives that, because of disabilities, require a guardian to handle their care and other needs. However, some people may fear a guardian would have too much power and could abuse it. In reality, state guardianships do not have unlimited power. According to the Illinois State Bar Association, state law limits the powers of guardians in various ways. 

To start with, many types of guardianships have particular duties. Some guardianships will have powers that other guardians will not. A guardianship of the estate grants a guardian responsibility over the legal and financial matters of a ward. A guardian of the person will oversee personal care issues, like where the ward lives and the health care the ward receives. 

At times, a court may specifically limit the duties of a guardian. Under limited guardianships, a court will spell out specific duties a guardian may have in a court order. A court may limit a guardian of the estate or a guardian of the person in this manner, giving either type of guardian more limited powers than they would possess otherwise. 

In general, guardians cannot perform certain actions on behalf of a ward without a court order. These can include the following: 

  • Sterilizing a ward 
  • Placing a ward in a nursing home 
  • Placing a ward in a mental institution 
  • Petitioning a court for divorce on behalf of a ward 
  • Consenting to the ward entering into marriage 

People who want to know about specific limits on a guardian may benefit from asking an experienced attorney about the matter. Guardians are important for safeguarding the health and safety of a disabled person, but guardians should never become a danger to the well-being of the people they should protect. 

  • Facebook
  • Twitter
  • LinkedIn

Recent Posts

  • Can you remove a trustee from their role?
  • Trusts can avoid the chance of someone challenging your wishes
  • You might need to reduce your estate to lower tax on it
  • 3 reasons to revisit your estate plan when you retire
  • 5 mistakes to avoid when special needs estate planning

Archives

  • February 2021 (2)
  • January 2021 (3)
  • December 2020 (3)
  • November 2020 (4)
  • October 2020 (2)
  • September 2020 (3)
  • August 2020 (2)
  • July 2020 (3)
  • June 2020 (3)
  • May 2020 (2)
  • April 2020 (3)
  • March 2020 (9)
  • February 2020 (1)
  • January 2020 (1)

Categories

  • Estate Planning (32)
  • Firm News (9)

RSS Feed

Subscribe To This Blog’s Feed

FindLaw Network

How Can We Help You?

Office Location:

Monahan Law Group, LLC

55 West Monroe St., Suite 3700
Chicago, IL 60603

Phone: 312-419-0252

Fax: 312-419-7428

Business Hours: 8:30 am - 5:00 pm CT

Map & Directions

Meet With Us to Discuss Your Legal Needs

During an initial consultation, our lawyers will identify the important legal matters at issue so we can develop a plan to achieve the remedy or relief you seek. To schedule a consultation, please call our office at 312-419-0252 or get in touch with us by email.

  • Follow
  • Follow
  • Follow

© 2021 Monahan Law Group, LLC. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters