When a loved one becomes unable to manage their personal or financial affairs, or a child needs care due to parental absence or incapacity, guardianship can offer a critical legal solution. At The Law Offices of Robert Kaplan, we help families in Schaumburg and across Cook County understand their options when it comes to guardianship and guide them through the legal process with compassion and clarity.
In this blog, we’ll go beyond the basics to explore the different types of guardianships available under Illinois law and how they can be tailored to suit various life circumstances.
Guardianship of the Person vs. Guardianship of the Estate
Guardianships in Illinois are categorized into two primary types:
- Guardianship of the Person —This involves making personal decisions on behalf of someone who is unable to care for themselves. This includes decisions about housing, education, medical treatment, and daily needs.
- Guardianship of the Estate — This grants the guardian authority over the individual's finances, including managing income, paying bills, and safeguarding assets.
In some cases, a guardian may be appointed for both roles if the individual is unable to manage either aspect of their life independently. Our family lawyer team in Schaumburg can help determine which type, or combination, best suits your situation.
Guardianship by Scope or Limitation: Full vs. Limited
Not all guardianships are created equal. The courts can assign different levels of authority depending on the needs of the individual:
- Full Guardianship — Full guardianship grants the guardian complete decision-making authority over the person, estate, or both. This is usually appointed when an individual is entirely unable to make decisions due to mental or physical incapacity.
- Limited Guardianship — Limited guardianship is appropriate when a person can make some, but not all, decisions for themselves. The guardian's responsibilities are specifically defined by the court and may be restricted to certain areas, such as medical care or finances.
This flexibility allows the court to respect the rights and abilities of the individual, while still providing necessary protection.
Temporary and Emergency Guardianship
Life doesn’t always give us time to plan. That’s where temporary and emergency guardianships come into play.
- Temporary Guardianship — This is typically used when a permanent guardian is not yet appointed, or when the current guardian is temporarily unable to serve. It’s limited in duration and scope.
- Emergency Guardianship — This can be granted by the court when there’s an urgent situation, such as a medical crisis or immediate risk of harm, and someone must make decisions immediately. This type of guardianship usually lasts no more than 60 days.
Whether you’re responding to an urgent situation or seeking short-term care for a loved one, our Schaumburg family law firm is here to assist with swift legal action.
Guardianship for Minors (Children)
Children under the age of 18 who are without a capable parent may require a legal guardian to step in. Guardianship for minors is often sought when:
- A parent has passed away or is absent.
- A parent is temporarily unable to care for the child due to illness, addiction, or incarceration.
- There’s a need for someone other than a parent to make educational or medical decisions.
In Illinois, anyone over 18 who is a resident of the United States and has no serious criminal record may petition the court to become a guardian of a minor. The court prioritizes the best interests of the child when evaluating guardianship petitions. Our family lawyer in Schaumburg has experience handling both contested and uncontested minor guardianship cases.
Guardianships for Adults
Adult guardianships are generally required when a person, due to age, injury, or disability, cannot make decisions or care for themselves. There are a few specific scenarios where adult guardianship may be necessary:
Adults with Cognitive Impairments or Age-Related Conditions
Conditions such as dementia, Alzheimer’s disease, or developmental disabilities may prevent an individual from managing personal or financial affairs. In these cases, a full or limited guardianship can help ensure the person’s safety and wellbeing without stripping away all autonomy.
Adults with Mental Illness
If an adult suffers from a severe mental illness that impairs judgment and decision-making abilities, a guardian can be appointed to manage treatment, medications, and essential life matters. This is often done in cooperation with mental health professionals.
Individuals with Sudden Incapacity
Accidents and medical emergencies can leave someone suddenly incapacitated, without the ability to manage their estate or healthcare. In these situations, emergency or temporary guardianship may be the first step before pursuing a more permanent arrangement.
Our Schaumburg law office helps families navigate these delicate issues with respect and a deep understanding of Illinois guardianship laws.
Your Legal Advocate in Guardianship Matters
Establishing guardianship is a serious legal step that should be taken with careful guidance. Whether you’re seeking protection for a vulnerable child, a loved one with dementia, or a family member recovering from injury, The Law Offices of Robert Kaplan will work closely with you to evaluate the right type of guardianship for your needs.
Our legal team can help:
- File petitions and required documentation
- Represent you in guardianship hearings
- Handle contested cases
- Coordinate with healthcare providers and agencies
We’re here to simplify the process and support your family throughout the process.
Call us today to learn more or schedule a free consultation with our experienced legal team.