Types of Guardianships
By Elder Law attorney Rick Law. Call our office at (800) 310-3100 today to schedule your free consultation and visit the Estate Planning Center at Law Elder Law in West Suburban Aurora, IL. I’d like to take a moment to walk you through the different types of guardianships available in Illinois – the plenary guardianship, the limited guardianship, and the temporary guardianship. Most states treat guardianships similarly, but often have variations, so it is important that your lawyer is familiar with your state’s specific laws. In Illinois, if the court adjudges a person to have a disability, the court may appoint:
- a guardian of person, if it has been demonstrated by clear and convincing evidence that because of the disability the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care of person;
- a guardian of the estate, if it has been demonstrated by clear and convincing evidence that because of the disability the person is unable to manage his estate or financial affairs; or
- a guardian of person and the estate.
- the actual determination of whether an individual has a disability
- the extent of their disability’s practical impact on their ability to make decisions
- the assessment of the least restrictive options for care and treatment