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Posted on in Guardianship

DuPage County guardianship attorneys, adult guardianshipGuardians are people who are appointed by the court to manage the affairs of someone else, known as the “ward.” Guardianship is often misunderstood, though there are specific circumstances where a guardianship may be warranted and defined processes as to how a guardianship can be put into place. If you think that a loved one may benefit from a guardianship, you should speak to a skilled guardianship attorney who can help you with the process.

Circumstances Where a Guardian May be Appointed

Most adults can take care of their own affairs and therefore will not need a guardian. However, there are certain circumstances where an adult is unable to make his or her own decisions, such as when there is mental illness, mental deterioration, physical incapacity, or a developmental disability. Though just because someone may have a mental health or developmental disability does not automatically mean he or she cannot make his or her own decisions and handle his or her own affairs. It is only when an adult is so incapacitated that he or she cannot make responsible decisions that a guardianship may be appropriate.

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Does My Disabled Family Member Need A Guardian?If you have a disabled family member or other loved one, you may wonder whether he or she needs a guardian. Illinois law provides a way for the court to appoint guardians for some disabled people. Ultimately, it is important to understand who may be eligible for guardianship and what guardians do.

Is My Disabled Family Member Eligible for a Guardian?

Not every disabled person needs or can get a guardian. Guardians are appointed when a person with a disability is unable to make or communicate responsible decisions regarding their estate or personal needs. Many disabled people are very capable of making their own sound decisions, and therefore are not eligible for a guardian. However, individual mental deterioration, physical incapacity, mental illness, and developmental disabilities can make someone unable to make decisions themselves. This also sometimes happens during the aging process. Ultimately it is up to the judge whether an individual needs the protection of a guardian.

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