Who Is Considered a Disabled Adult for Purposes of Seeking Guardianship?

 Posted on October 28, 2022 in Guardianship

There are many disabled adults who are completely independent and living productive and normal lives. However, other adults with certain disabilities may not be able to manage their affairs on their own and could benefit from having a legal guardian. A legal guardian for an adult is a fiduciary tasked with managing a disabled person’s finances and other aspects of their life to ensure that the ward is safe and well-cared for. If you have a disabled loved one you are concerned about, such as an elderly parent or disabled child who is turning 18 years old, you may be able to help them by petitioning the court to name you as their legal guardian. To begin a guardianship, you must be able to show that the proposed ward has disabilities that prevent them from managing their own life. If you are considering becoming a guardian for a loved one, an attorney may be able to help you through the process.

Who Can Be Placed Under Guardianship in Illinois?

Not all disabilities render a person eligible to be placed under guardianship, as many people with disabilities are entirely capable of being independent. Others, however, could be in danger if they do not have a guardian protecting them. For the purposes of Illinois guardianship, there are generally three reasons a person can be placed under guardianship:

• Mental or physical incapacity - Someone with a mental or physical disability that prevents a person from capably managing their own personal life or property may be given a guardian.
• Mental illness or developmental disability - Severe mental illness, like a psychotic disorder, can keep a person from handling their own affairs. The same may be true for significant developmental disabilities, like Down’s Syndrome.
• Addiction issues - A person who is addicted to drugs, alcohol, or gambling, may spend money in such a way as to inflict hardship or suffering on themselves and their family. In this case, guardianship may be in order. Guardianship may not be permanent if the person receives treatment and reaches a point where they are capable of reentering society as an independent adult.

If your loved one is struggling with one of these issues and cannot manage their own life or estate, you may be able to become their legal guardian.

Contact a DuPage County Guardianship Attorney

Calabrese Associates, P.C. is committed to helping people who are seeking to become legal guardians for a person in need of protection. Our compassionate Naperville, IL, guardianship lawyers will strive to create the guardianship your loved one needs. Call 630-393-3111 for a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2104&ChapterID=60&SeqStart=14300000&SeqEnd=17600000