Raising a disabled child, particularly one who has psychological or intellectual disabilities can be a difficult and trying experience. As your child approaches his/her 18th birthday, there are a number of things to consider. In most states, the responsibilities of a young adult are assigned when a youth turns 18. Assuming guardianship of your child may be the best option to help you protect your child as they enter adulthood.Under Illinois state law, there are two types of guardianship that you may consider. The first of these is limited guardianship. This type of guardianship is used when the disabled person can make some, but not all, decisions pertaining to themselves and their finances or estate. When assuming limited guardianship, the powers granted to you must be specifically listed within the court order. This type of guardianship can grant you limited guardianship of the person, finances/estate, or both. The second type of guardianship is plenary guardianship. This type of guardianship is more restrictive than the first, and is used when the “individual’s mental, physical, and adaptive limitations” make it necessary for the guardian to make all important decisions regarding personal care and finances. There is one other option that you need to consider: testamentary guardianship. This is used by parents of a disabled child to designate a guardian upon the death of both parents in your will. While the final guardian will still need to be appointed and approved by the court, this ensures that the courts will take your wishes for guardianship into account before making their decision. It is important to remember that should your proposed guardian be found inappropriate, the court will still have the power to appoint someone else. Knowing which type of guardianship to consider and what steps are necessary to assume guardianship can be difficult. Having a qualified family law attorney can help make the process smoother for your family. Contact the experienced family law attorneys at Davi Law Group, LLC today for a consultation on your case.
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Whether the concern is focused on a minor child, an elderly deteriorating relative, or an individual who is disabled, the law of guardianship may be relevant to the situation and can operate to step in and address some concerns while making a difficult situation more manageable. Many may be unaware that such a legal proceeding exists, and those who are aware may still have many questions about the process. Below, you can find some common and general questions about guardianship and some helpful answers to the same.
When is guardianship needed?
Guardianship is necessary when a person is not able to make or communicate responsible decisions about their personal care or finances. This inability is often attributed to a mental, physical, or developmental disability. The fact that a person may be elderly, mentally ill, or disabled does not necessarily mean they need a guardian. It must be shown that the person is also unable to make proper decisions for themselves. The extent of a guardian’s authority regarding making decisions for an incapacitated person is determined by the court after a thorough evaluation and report.