Types of Guardianships
November 21, 2015
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.
Guardianships are only to be utilized as is necessary to promote the well-being of the person with disabilities; to protect the person from neglect, exploitation, or abuse; and to encourage development of maximum self-reliance and independence.
A guardianship will be ordered only to the extent necessitated by the individual’s actual mental, physical, and adaptive limitations.
The following determinations should be made by a qualified medical professional:
- 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
Disability cannot be inferred merely because someone is elderly.
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!