Growing older means watching the seeds of your life’s work come to fruition. It is a time for slowing down the fast paced lifestyle that brought you success. It may also be a time where everyday tasks turn into exhausting obstacles. Oftentimes we turn to our loved ones, those who we have taken care of, to now help take care of our daily lives. When it is appropriate, guardianship may be your best option.
What is a Guardianship?
Guardianship for adults is similar to a guardianship over a minor in that it involves an adult taking care of a person who is unable to care for him or herself. There are two types of guardianships: guardianship of a person and guardianship of an estate. Guardianship of a person is appropriate where the person is disabled. In Illinois, this generally means that they are unable to make medical decisions for themselves or make decisions about living on their own. Guardianship of an estate is appropriate if the owner of the estate can no longer make decisions regarding finances.
Who Can Be A Guardian?
In order to be a guardian, the person in need of a guardian must be disabled. This means they cannot take care of themselves or take care of their property. You may be a guardian if you live in the United States, are at least 18 years old, are “of sound mind,” and are not disabled. Additionally a guardian cannot have a felony on their record. The court will make an exception for a guardian who has a felony if the appointment of this person is in the disabled person’s best interest.
Do I Need An Attorney?
It is in your best interest to consult with an attorney if you are seeking to obtain guardianship over an adult who objects. If any of your relatives object to your appointment or if the adult owns any assets you will likely need the assistance of an attorney. At Orlowsky & Wilson, we understand the difficult decisions that must be made regarding our aging loved ones. Guardianships are meant to make all of our lives easier and we can show you how. Contact our Lake Forest attorneys today to discuss your case.