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When someone suffers from a serious disability, he or she may need assistance in completing day-to-day activities, managing finances, and getting appropriate medical treatment. If you have a disabled loved one who needs this type of extra care, you may be interested in becoming that person’s guardian. Being the guardian of a disabled adult is a considerable responsibility and may also involve complicated legal steps. That is why it is important to hire an experienced attorney who can help you with the process of obtaining a guardianship in Illinois.

How Do I Know If My Loved One Needs a Guardian?

DuPage County family law attorney guardianship

Sometimes, it is not easy to tell if a person is capable of adequately looking out for his or her own safety. For example, an elderly person with dementia may have some days that he or she is totally lucid and other days during which confusion and memory lapses are nearly debilitating. Guardianship of an adult is appropriate when a person is unable to make rational decisions and/or communicate his or her wishes regarding finances or personal care. A clinical evaluation is needed to determine the extent that a person’s physical, mental, or developmental disability hinders his or her ability to make safe, responsible decisions.  

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DuPage County family law attorney guardianship

Grandparents are often a valuable source of love and guidance in a child’s life. In some cases, grandparents may need to take on the role of the parents in their grandchild’s life. The Illinois Department of Children and Family Services reports that there are currently more than 100,000 Illinois grandparents caring for their grandchildren on a long-term basis. If you are a grandparent who is concerned about your grandchild’s well-being, you may be interested in obtaining guardianship of your grandchild. The process of gaining guardianship of a minor child is not always easy, but it can make a big difference to a child in need of a loving home.  

Grandparent Guardianship

There are several types of guardianships recognized by Illinois law. If you acquire “guardianship of the estate,” you will be authorized to manage your grandchild’s assets and make financial decisions on behalf of your grandchild. This type of guardianship may be necessary if the child’s parents have passed away and left him or her a substantial inheritance. “Guardianship of the person” allows you to take on a parenting role in your grandchild’s life. You would be responsible for your grandchild’s daily care and authorized to make decisions about his or her education, living arrangements, and healthcare. “Plenary guardianship” authorizes an individual to make decisions about the minor’s estate as well as his or her personal care. Guardianship may be permanent or temporary depending on the child’s needs and the circumstances of the case.

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree