In relation to the finances and personal decisions of another person, such as health care and financial decisions, when an individual becomes the sole decision-maker, it is referred to as a guardianship. Guardianship has some nice tips on this. A common example of guardianship is that the guardian of an elderly parent with Alzheimer’s becomes an adult child.
You must show that the “ward” is disabled and unable to care for themselves or their property in order to become a guardian. You must file a petition with the court, along with many other necessary forms in the county where the ward resides, to begin the process of seeking guardianship, which is eventually granted by a judge. Notice that for the ward to apply for guardianship in the state, it must live or own land in Illinois.
First you must provide evidence that guardianship is needed, which may be difficult if the prospective ward is in denial of the need for such assistance. So that’s when physicians and psychiatrists come in and present the judge with their views. They may be granted an advocate and/or a guardian ad litem during the process to protect the prospective ward’s interest.
There are two forms of guardianship – the person’s guardianship and the estate’s guardianship – and either or both may be pursued.
Guardianship of the individual is where, with regard to health care and living conditions, you have decision-making authority. You must demonstrate that the potential for this type of guardianship is unable to make an informed decision about certain things.
Guardianship of the estate is where with regard to financial matters you have decision-making authority. You must demonstrate that the prospective ward is unable to handle its finances for this form of guardianship, such as paying bills and keeping a checking account. This form of guardianship is more difficult to acquire and can be very complex. So, consulting an attorney on how to proceed to secure guardianship of the estate is in your best interest.
The guardian is supposed to use “substituted judgement,” once guardianship is given, which means that the guardian does what the person would have done if they were of sound mind, not what the guardian wants to do. The guardian shall consider and value the moral, philosophical and religious beliefs of the ward.
Although it is possible to receive guardianship without an attorney’s help, it might be in the best interest of you and the ward to seek advice. Since court proceedings as well as a great deal of paperwork are needed, an attorney can only assist in the process. An attorney will assist you in proving your case in especially challenging situations, such as where the prospective ward denies having assistance or you are seeking guardianship of a complicated estate.