Guardianship is a legal arrangement in which a court appoints an individual to make decisions on behalf of a person who is unable to manage their own affairs due to age, disability, or incapacity. In Illinois, guardianship is governed by the Probate Act (755 ILCS 5/11a). There are two types: guardian of the person (making personal and healthcare decisions) and guardian of the estate (managing financial affairs). The court may grant limited or plenary (full) guardianship depending on the individual’s needs. Guardianship for minors may also be established when parents are unable to care for their children.
Do you need an attorney to assist you with establishing a guardianship for your loved one in Decatur, Illinois? The attorneys of BRE Law provide legal counsel to initiate and navigate the legal process for child/minor guardianship and disabled adult guardianship.
Through guardianship, the court appoints a legal representative to act on behalf of an individual who cannot make their own personal or financial decisions. If your loved one did not take part in estate planning to establish powers of attorney, a guardianship may be the only way to help to protect their personal and financial well-being.
In cases involving children, guardianship allows another individual to make legal decisions when a parent is unable or unwilling to do so.
