When an elderly or vulnerable adult begins struggling with daily tasks and financial decisions, family members often seek ways to protect them. In some situations, full adult guardianship may be the safest option.
Still, considering possible alternatives is never a bad idea, especially when preserving independence and autonomy is a top goal.
Pros and cons of adult guardianship
One of the most valuable advantages is helping to ensure safety for a vulnerable family member. Adult guardianships empower a trusted individual to make crucial financial and personal decisions for someone unable to do so themselves.
However, guardianship can also be restrictive — unduly limiting the adult’s autonomy and often leading to frustration and unhappiness.
Potential alternatives to guardianship
Illinois law recognizes other options for protecting a vulnerable loved one while placing as few restrictions on them as possible. Here are several:
- Power of attorney: This tool allows the appointment of someone to make decisions for the adult. It can address specific needs, such as health care or financial matters, offering a flexible, less restrictive alternative.
- Limited guardianship: For assistance only with certain matters, limited guardianship may meet the adult’s needs. It grants decision-making authority only in specified areas, preserving a degree of independence.
- Supported decision making: Recognized in Illinois and other states, this model involves a network of supporters who help the individual make decisions. It may be a minimally restrictive option in cases of age-related decline and respects the adult’s autonomy.
There are many possibilities to consider when you want to protect an adult family member without compromising their life enjoyment. An experienced estate planning professional can help you create a customized strategy that addresses your loved one’s unique circumstances.
