Guardianship is simply the court process to provide care and protection to those individuals who lack the mental capacity to help themselves. An Illinois Guardianship judge will examine the disabled person's (or minor's) assets, living situation, and family and friends to determine how to best provide the court supervision that the disabled person (or minor) needs. Once the judge has considered the individuals who might best be able to serve as the Guardian, he or she will appoint the proper person. This Guardian will then be able to help the disabled person (or minor) to manage his or her affairs.
Guardianships and Conservatorships
In some states, guardianships can also be known as conservatorships. In Illinois, however, guardianships are simply split into two categories: guardianships of the person and guardianships of the estate. The term "conservatorship" or "conservator" are not used in Illinois guardianship law.
Can guardianship be avoided in Illinois?
Technically, a guardianship can avoided in many instances by the execution of valid Powers of Attorney. A Power of Attorney for Health Care provides similar powers to the Agent as a guardianship does for a Guardian of the Person. And a Power of Attorney for Property provides similar powers to the Agent as a guardianship does for a Guardian of the Estate. The main caveat is that a person making and executing (signing) an Illinois Power of Attorney must have the mental capacity to understand what he/she is signing.
If you would like to speak with an experienced Chicagoland area Guardianship attorney regarding your legal matter, give us a call at (630) 898-4789 to set up a free initial consultation. And if you would like to find out more information about Illinois guardianships, visit our general Illinois guardianship page.
The Law Office of Kevin Williams, 2295 Bannister Lane, Aurora, IL 60504, (630) 898-4789
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