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

Who, other than a minor child, needs guardianship in Illinois?

On Behalf of | Oct 23, 2024 | Guardianship

Besides a minor child, if you have a person with a disability in your family, you may need to appoint a guardian to make decisions about their well-being. The guardian will make decisions about your loved one’s residential placement, medical treatment, social services and other needs. 

However, having a mental, physical or developmental disability may not be enough to warrant the need for guardianship. The court may assess some aspects to determine if your loved one needs a guardian.

The top questions it may ask during evaluation include:

Does the person understand that a particular decision needs to be made?

The court may assess if the person about to be subject to guardianship understands that they should make a decision in a given situation. For example, can they determine they need medical treatment when they fall sick, pay their bills or manage their investments? 

Does the person understand the options available in any decision?

Does the person know the doctor to visit when suffering a particular condition, or if they can treat it using home remedies? Do they know they can work with a valuation professional before selling an asset? Do they know the investment options available to them?

Does the person understand the consequences of each option?

If a person knows the options available to them in any decision, the court can assess if they understand the consequences of each option. For example, what risks do they face selling an asset before valuation?

Is the person able to properly inform appropriate parties once the decision has been made?

Lastly, the court can assess if the person can properly communicate their decisions once made.

If the court determines your loved one needs guardianship services, legal guidance can help you protect them.