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Understand What It Means to Be a Guardian As Well As the Illinois Guardianship Process So You Can Protect Your Loved One Who Is Unable to Properly Care for Himself or Herself
There may come a time in your when you realize parents, grandparents, or other adult loved one is unable to properly care for himself or herself. In order to protect your loved one it may be necessary for you to intervene by seeking guardianship over the individual. The decision to petition for guardianship is never an easy decision to make; however, if you fail to make the decision your loved one could be increased risk of physical harm or financial victimization. Understanding more about what it means to be a guardian as well as the Illinois guardianship process may assist you in making your decision.
WHAT IS A GUARDIAN?
In Illinois there are two basic types of guardians a guardian of the person and a guardian of the estate. A guardian of the person is someone who has authority or power over decision affecting the ward himself or herself. The ward is the person in need of protection. Decisions you might make as a guardian of the person include where the ward will live, what doctor the ward will treat with, and with whom the ward may communicate. A guardian of the estate has authority over the estate of the ward. As guardian of the estate you might make decisions such as which bills to pay for the ward, what investments to make, and what property to buy or sell. In most cases, if you appointed as guardian it is a permanent appointment; however, you could be appointed as a temporary guardian in an emergency which lasts no longer than 60 days.
Illinois Guardianship
www.nashbeanford.com
In order to protect your loved one it may be necessary for you to intervene by seeking guardianship over the individual.
Illinois Guardianship
www.nashbeanford.com
Illinois Guardianship
www.nashbeanford.com
3. Notice and Summons after the petition is filed it must be properly served, along with a summons, the proposed ward. Other interested persons are also required to receive notification. Interested people, for purposes of a petition for guardianship include people such as a spouse, adult children, and other close relatives. 4. Appointment of Guardian Ad Litem a guardian ad litem, or GAL, will be appointed by the court to look after the best interest of the proposed ward. The GAL is either an attorney or someone with special training. The GAL will explain the petition and the guardianship process, to the extent possible, to the respondent (the proposed ward) and try to determine how the respondent feels about the petition. The GAL will then report to the court and/or testify at the hearing. 5. Hearing the court will set a hearing date to hear testimony and/or review evidence submitted in the case. If the respondent does not object to the appointment of a guardian the court may not require testimony. If an objection has been filed, either by the respondent or another interested person it may be necessary to provide testimony to convince the judge of the need for a guardian as well as that you are a suitable guardian. 6. Appointment if the judge is convinced that the respondent is in need of a guardian, and that you are a suitable guardian, an official appointment will be made. The judge may appoint you to be guardian of the person, guardian of the estate, or both.
Illinois Guardianship
www.nashbeanford.com
Illinois Guardianship
www.nashbeanford.com
REFERENCES
Illinois Guardianship and Advocacy Commission, Guardianship Frequently Asked Questions Illinois Legal Aid, Getting Guardianship of a Disabled Adult Office of State Guardian, A Practitioners Guide to Adult Guardianship in Illinois http://money.cnn.com/2013/06/01/pf/executor.moneymag/index.html
Illinois Guardianship
www.nashbeanford.com