When Should I Consider Guardianship for My Parents?

 Posted on December 19, 2024 in Guardianship

As parents age, they often face physical or mental health challenges that might impact their ability to care for themselves or make important decisions. When this happens, guardianship can be an important legal tool to ensure a parent’s needs are met and his or her rights are protected. 

Once guardianship is approved for someone, that person is considered a "ward." The extent to which a guardian is allowed to make decisions for a ward is determined by the court based on a thorough clinical evaluation and report. Understanding when guardianship may be necessary and how to obtain it in Illinois can help you navigate this challenging situation, and our Illinois family law attorneys are here to help. 

When Is Guardianship Necessary?

Guardianship of an aging parent may become necessary when they are no longer capable of managing their personal or financial affairs due to age-related conditions such as:

• Dementia or Alzheimer’s Disease: Cognitive decline can impair an individual’s ability to make sound decisions about their healthcare, finances, or daily living.

• Severe Physical Disabilities: Conditions like strokes or mobility issues may prevent a parent from handling essential tasks such as paying bills or attending medical appointments.

• Mental Illness: Certain mental health conditions may render a parent incapable of caring for themselves safely.

Consider an elderly father with advanced Alzheimer’s disease who forgets to take medications, pays bills late, and neglects hygiene. In such cases, guardianship allows a responsible adult to step in and make decisions on his behalf. Without it, the parent may face risks to his health, safety, and financial stability.

Types of Guardianship in Illinois

Illinois law provides for two main types of guardianship for adults:

1. Guardianship of the Person: This type of guardianship allows the guardian to make personal and healthcare decisions for the parent, such as medical treatments, living arrangements, and daily care.

2. Guardianship of the Estate: This type focuses on managing the parent’s financial affairs, including paying bills, handling investments, and safeguarding assets.

In some cases, the court may grant plenary guardianship, which gives the guardian full decision-making authority. Alternatively, a limited guardianship may be established if the parent is capable of managing some aspects of their life but needs assistance with specific areas.

How to Get Guardianship of Your Parent in Illinois

Obtaining guardianship requires a legal process through the probate court. The key steps include:

1. File a Petition: The first step is to file a petition for guardianship with the probate court in the county where the parent resides. The petition must outline why guardianship is necessary and which type of guardianship is being requested.

2. Notify Interested Parties: Family members and other interested parties must be notified of the petition. They have the right to support or contest the request.

3. Undergo an Evaluation: The court may appoint a physician or psychologist to evaluate the parent’s condition and determine his or her capacity in the areas in which guardianship is sought.

4. Attend a Court Hearing: At the hearing, the judge will review evidence, hear testimony, and decide whether guardianship is appropriate. If granted, the guardian will receive letters of office, formally authorizing them to act on the parent’s behalf.

Do I Need an Attorney to Get Guardianship of My Parents? 

Navigating the guardianship process can be complex and emotionally taxing. An experienced Illinois family law attorney can help you make decisions, put together evidence, complete required documentation, and advocate for your case in court. They can also advise on alternatives to guardianship, such as powers of attorney, if full guardianship is not necessary.

Contact a DuPage County, IL Adult Guardianship Attorney

If you are considering guardianship for an aging parent, a compassionate and knowledgeable Naperville, IL family law attorney at Calabrese Associates, P.C. can guide you through the process. Contact Calabrese Associates, P.C. at 630-393-3111 today to discuss your case and ensure your parent receives the care and protection he or she needs and deserves.