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Two Types of Guardianship in Illinois

guardianship in Illinois, DuPage County family law attorneysWhether you are caring for a minor child, a developmentally disabled adult, or another person with special needs, certain situations may require you to go through guardianship proceedings to act on that person’s behalf. Illinois law provides for different types of guardianship matters depending on your circumstances.

Guardian of the Person

When a person is appointed the guardian of the person, he or she is responsible for the ward’s support, comfort, healthcare, educational needs, and other matters relating to personal care. The intent of the personal guardian is to aid the ward with guidance on these aspects of life, while also promoting self-reliance and an appropriate level of independence. Typical duties of a personal guardian may include fixing meals, arranging for medical care, reviewing medical records, and procuring necessary services and living accommodations.

Guardian of the Estate

A ward’s “estate” refers to the personal assets and real estate owned by him or her. A court may appoint a guardian of the estate where the ward is unable to make financial decisions or properly manage the property. The guardian of the estate is responsible for handling the assets for the benefit and in the best interests of the ward, and applying income and principal as necessary to provide financial support. Estate assets may be used to pay for education, living arrangements, health care, bills for necessary services, and other matters that relate to the support and comfort of the ward.

Separating the Estate and the Personal Guardians

While one person may be appointed by a court to act as guardian of the person and estate of a ward, there may be reasons to have a different individual or entity acting for each position. If the ward’s estate has considerable value, it may be inappropriate for a person without special training to manage it. In such a case, a bank or financial institution with proper qualifications may be appointed as guardian of the estate. At the same time, that bank would not be an appropriate guardian of the person to handle care and support of the ward.

An Experienced Guardianship Attorney Can Help

Guardianship is the general term used when a person must act on behalf of another who is unable to do so, but the specifics of personal and estate guardians can be complex. Not only are the court proceedings and rules complicated, but you may also face challenges in understanding your rights and duties as guardian. A qualified guardianship attorney will assist you through the court process and offer advice on your responsibilities. Therefore it is smart to discuss your situation with a lawyer. The experienced DuPage County family law attorneys at Davi Law Group, LLC can answer all of your guardianship related questions. Please contact our office for more information.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500050HArt%2E+XIa&ActID=2104&ChapterID=60&SeqStart=14300000&SeqEnd=17750000

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Warrenville Office
Address28371 Davis Parkway
Suite 103
Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road
Building A, Suite 105
Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street
Suite 900
Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street
7th Floor
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, 7th Floor,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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