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Guardianship of Disabled Adults Attorneys

Disabled Adult Guardianship Lawyers

Whether due to a mental, physical or developmental condition, some disabled adults are unable to properly care for themselves and their finances. In such cases, a guardian can be appointed by the court to provide assistance with and supervision of personal and financial affairs. However, becoming a guardian to a disabled adult can be a complex process. At the law firm of Kezy & Associates, our lawyers are skilled in representing clients in guardianship cases of all kinds, including those involving disabled adults.

Obtaining Guardianship of a Disabled Adult in Illinois

In order to become the guardian to an adult that you feel is incapable of caring for him or herself, you must demonstrate to the Court that the adult is, in fact, disabled. This may involve a clinical evaluation in which the needs of the disabled person are clearly defined. Depending on the capabilities of the disable adult, the Court may find that no guardian is required, only a limited guardian is required, or a plenary guardian is required. A limited guardian is permitted to make only specific decisions for the disabled person that are outlined by the Court. A plenary guardian can make all decisions for the disabled person, including those involving:

  • Personal care;
  • Financial management;
  • Medical treatment; and
  • Residential placement.

While family members typically step up to become guardians of disabled relatives, they are not automatically given this role. You must petition the Court to become a guardian and show that your guardianship is in the best interest of the disabled person. If the disabled person does not want you to be his or her guardian, the Court gives consideration to those wishes.

Managing Finances for Disabled Adults

Disabled adults who are unable to make or communicate decisions about their finances need a trusted individual to act as “guardian of the estate” and make financial decisions. With social security benefits, inheritance, legal settlements and other finances, a guardian could be accountable for a significant amount of money. The Court periodically reviews estate assets and guardians are held accountable for estate expenditures and investments.

If you are seeking to be come the legal guardian of a disabled loved one, contact us to schedule a free consultation to discuss the guardianship process. We will answer your questions and walk you through what you can expect moving forward. Our family law lawyers have over 25 years of experience handling guardianship cases. Our firm works with clients throughout Will County and the surrounding areas.

Illinois family laws changed on July 1, 2017. Click here to read how child support was affected.