In Illinois, a guardianship may be pursued in probate court for either an adult with disability or for a minor. Guardianships are appropriate when an individual is not capable of caring for him or herself. The guardian is responsible for making decisions for that person’s daily care and medical treatment, and the guardian can also be responsible for investing and managing that individual’s finances. Because of these great responsibilities, the Court requires annual reports and accountings to be completed by the guardian.

All of these responsibilities can be very overwhelming for a guardian to take on. You might even be wondering if a guardianship is right for you and your loved one. Richtman & Richtman, P.C. can help you every step of the way. Call now to set up an appointment so we can answer your questions now.

Common Guardianship Questions

What is a legal guardianship? In Illinois, there are guardianships for minors, and guardianships for adults with disability. Both are heard in the probate court.
Guardianships for minors involve any instance where a minor needs a guardian appointed other than her parent. This is not to be confused with disagreements between parents involving minors, such as child support or child responsibility, which are heard in family court.
In the case of an adult needing a guardianship, the court must first find that the adult is unable to make decisions of herself, and the court must then declare the individual disabled. Then, a guardian will be appointed.

Do I need to obtain a guardianship for my loved one who is an adult? If your loved one is unable to handle his or her own finances, or make his or her own healthcare decisions, then a guardianship may be necessary.

What is the difference between Guardian of the Person and Guardian of the Estate? The Guardian of the Person is a guardian appointed by the court to make decisions concerning the Ward’s medical treatment, day-to-day care, and living situation. The Guardian of the Estate is a guardian appointed by the court to manage the Ward’s finances and assets.

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