When Is Adult Guardianship Needed?

 Posted on January 30, 2025 in Guardianship

Petitioning for guardianship of an adult can be an intensive process. When an adult can no longer manage his or her estate, the court may appoint a guardian to address the adult’s daily care and handle his or her assets. However, a judge will only approve a petition for guardianship if there is a clear need for intervention. 

If you are looking to assume guardianship over an adult, an Illinois family law attorney can provide you with legal advice and strong representation. At Calabrese Associates, P.C., we have the skills and experience to properly advocate for you in a guardianship hearing. We can compile and present evidence to establish why an order of guardianship is necessary.

Health Reasons for Guardianship

A petition for adult guardianship might be granted for health reasons. Note that an elderly adult or an adult with a developmental disability can still be considered independent. You must prove in court that the adult’s health conditions prevent him or her from managing personal or financial affairs. 

As part of a guardianship hearing, you must also present a physician’s report to the judge. This report will include a detailed account of the adult’s physical and mental ability. 

If the physician’s report shows that the adult is totally incapacitated, the court may approve an order of plenary guardianship. This order gives a guardian full control over the adult’s personal and/or financial affairs, and it is usually reserved for the most extreme situations when an adult can no longer communicate his or her wishes.

Financial Reasons for Guardianship

In some cases, guardianship may be necessary to protect an adult’s assets. Guardianship of the estate might be granted if the adult cannot manage his or her own finances. Adults with a developmental disability or a mental illness may be more vulnerable to people trying to exploit them for financial gain. 

If you can successfully petition for guardianship over the estate, you can protect the adult’s assets from outside influence or wasteful spending. However, even if you are granted guardianship of the estate, you will still need the court’s approval before accessing any funds in the adult’s account. 

Other Reasons for Guardianship

A court might approve a petition for guardianship if it is deemed to be in the adult’s best interests. Even a formerly independent adult may lose the ability to take care of him or herself over time. If an adult’s housing situation or lifestyle puts him or her at risk, an order of guardianship might be given greater consideration. 

If there is clear cause for concern about an adult’s lifestyle, the court may approve guardianship of the person for the adult. This order gives the guardian the authority to make decisions for the adult about healthcare and other personal matters, but not about how money should be managed.

During a petition for guardianship, the judge will appoint a legal representative known as a guardian ad litem (GAL) to investigate the adult’s needs. The GAL will give a final recommendation to the court based on his or her findings. A family law attorney can argue for the urgent need for guardianship based on the adult’s current circumstances.

Meet With a DuPage County, IL Family Law Attorney Today

Getting guardianship over an adult is a stressful, often emotional process. Depending on a judge’s ruling, you could be awarded with varying degrees of control over an adult’s affairs. A Naperville, IL guardianship lawyer can help you make a case for your loved one’s protection. At Calabrese Associates, P.C., our attorneys will treat your case with the sensitivity and care it deserves. To schedule a consultation today, call our offices at 630-393-3111.