Guardian of the Person
November 24, 2015
By Elder Law and estate planning attorney Rick Law. Founder of the Estate Planning Center at Law Elder Law in Aurora, IL.
As discussed in previous articles, the three main types of guardianships are the plenary guardianship, the limited guardianship, and the temporary guardianship.
The two main subsets of plenary guardianships are guardians of the person and guardians of the estate.
The guardian of the person may:
- make medical decisions;
- oversee the residential placement of their ward (with court approval);
- ensure that the ward receives proper professional services; and
- release medical records and information.
The guardian will assist the ward in the development of maximum self-reliance and independence.
The guardian of the person may petition the court for an order directing the guardian of the estate to pay an amount periodically for the provision of the services specified by the court order. If the ward’s estate is insufficient to provide for education and the guardian of the ward’s person fails to provide education, the court may award the custody of the ward to some other person for the purpose of providing education.
If a person makes a settlement upon or provision for the support or education of a ward, the court may make an order for the visitation of the ward by the person making the settlement or provision as the court deems proper.
If you’re ready to start getting your estate in order and secure your assets for the “worst-case” scenario, please give our office a call at 800-310-3100. Your first consultation is absolutely free. We’ll let you know what steps you need to take, right now, to protect yourself and your family. Call now.
Rick L. Law, Attorney, Estate Planner for Retirees.
Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future. Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care. Call 800-310-3100 for your free consultation now!