A process where a court may make a determination that a guardian be appointed to manage the affairs of, and protect a disabled person. Guardians are substitute decision makers for their wards and must be appointed by the court. Guardians can be any person older than 18 who is not a convicted felon, an institution or agency.
Types of guardianship:
- Guardian of the person – makes decisions for housing, daily living, medical or rehabilitative care, educational and vocational needs of the ward.
- Guardian of the estate – makes decisions for the management of finances for the ward.
- Plenary guardian – makes all decisions for the ward.
- Limited guardian – appointed when the disabled person needs some, but not complete assistance. The court will help to determine the guardian’s role in decision making while maintaining the ward’s autonomy.
Resources:
- Private attorneys
- Surrogate Guardian Services, Inc. 630-761-3201
- Private, non-profit company that assists persons with assets over $25,000
- National Guardianship Association, 520-881-6561
- Can be a resource for guardianship services in Il.
- Illinois Guardianship and Advocacy Commission: www.state.il.us/igac/; Chicago office 312-793-5900
- Must have assets less than $25,000
- Other Chicago Based Resources
Alternatives to guardianship: There are many alternatives to guardianship which may be preferred if a less restrictive mean of protecting a disabled person is possible.
- Power of attorney, heath care power of attorney, property power of attorney, health care surrogate or mental health advance directives.