Types Of Guardianship

Illinois law identifies two categories of guardianship:

• Guardianship of the person – This type of guardian will be responsible for meeting a ward’s ongoing needs, including making decisions about their medical care, addressing their living arrangements, ensuring that they receive any necessary professional services, and attending to their nutritional, educational, or personal needs. A guardian of the person may be required to file periodic reports with the court detailing the ward’s status, and they will need to receive court approval before placing the ward in a nursing home or a similar type of residential facility.
• Guardianship of the estate – This type of guardian will have the authority to manage the ward’s property, assets, and financial affairs. Their duties may include receiving income on behalf of the ward, paying bills and taxes, making investments, maintaining real estate or other property, and applying for public benefits such as Social Security disability. A guardian of the estate may need to make a regular accounting to the court of the ward’s assets and financial affairs, and court approval will need to be received before making major financial transactions, such as buying or selling real estate property, taking out loans, or making large purchases.

Plenary Vs. Limited Guardianship

When a person is appointed as a plenary guardian of either the person or the estate, they will have the authority to make any decisions necessary to provide care for the ward and manage their personal and financial affairs. However, there may be situations in which a disabled adult wishes to retain some control over their life. In these cases, a limited guardianship may be appropriate. A person who is granted limited guardianship of either the person or the estate will be authorized to make some decisions on behalf of the ward. The court order naming a person as a limited guardian will specify which decisions the guardian is allowed to make, and the ward will be able to make all other decisions about their own care and/or finances.

Contact Our DuPage County Guardianship Attorneys

If you need to establish guardianship for a person in your care, SBK Law Group can help you meet your legal requirements and ensure that you will be able to provide for your ward’s needs. If you have a disability or special needs and need help understanding your options for naming someone as your guardian, we can advise you of your rights, and if necessary, we can help you create a limited guardianship agreement that will allow you to retain as much control over your life as possible. To learn more about how we can help, contact us online or schedule a consultation with our Illinois guardianship attorneys by calling 630-427-4407. We provide legal help in guardianship cases in DuPage County, Kane County, Kendall County, Will County, and Cook County..