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Principled Advocacy For Families And Individuals With Disabilities And The Professionals Who Serve Them

Is there more than one type of guardianship in Illinois?

On Behalf of | Sep 2, 2022 | Estate Planning

Whether disabled from birth, a severe injury or age, the disenabled members of a community are vulnerable and often need protection. Establishing guardianship for yourself or a disabled family member can ensure such protection.

Illinois has some of the most innovative guardianship laws in the nation and offers seven basic types of guardianship. With several to choose from, you have an excellent chance of finding protection without compromising your autonomy, rights and independence. We will discuss a few of these guardianships below.

Plenary guardianship

The guardianship that most are familiar with, this option gives a trusted agent the authority to make all important decisions for a disabled individual. They may be the ideal choice for those with physical, mental and adaptive limitations.

Limited guardianship

If you or your disabled loved one can still make some decisions, a limited guardianship may meet your needs. It gives your agent the authority to make financial and care decisions when you cannot. You should include a list of the specific ways the agent can act on behalf of the disabled party.

Temporary guardianship

Sometimes, you or your loved one may only need short-term decision-making assistance due to an emergency (accident, illness, etc.). A temporary guardianship lasts for only 60 days and ensures your immediate protection.

Successor guardianship

If something happens and the initial guardian can no longer serve, a successor guardianship appoints an alternate. This ensures that you or your family member experiences no gap in legal protection for your care and estate.

Learning more about your guardianship options under Illinois law can ensure you make the proper choice for yourself or a loved one. Legal guidance can also help you find the ideal solution.