Guardianship or “guardian” is a person who is appointed by a court over an individual to make decisions regard medical treatment, residential placement, social services, or other needs the individual may have. In Illinois, a person can seek guardianship of a minor child, an adult who is disabled, or of an estate.
Types of guardianship’s can include:
- Guardian of a Disabled Adult. In the event a person is disabled, and unable to make decisions of their own, a person can seek guardianship of the adult. A guardian for a disabled adult can have either a:
- Limited Guardianship – A limited guardianship is appropriate when a disabled person is able to make some of their own financial and/or personal decisions, but they are not able to make all of their own decisions. The disabled adult still retains the majority of control over their own estate and the guardian has specific duties that they assist the disabled adult with.
- Plenary Guardianship – A plenary guardianship is available for persons who are completely disabled and are unable to make any decisions themselves. This guardian has power over all of the disabled adults personal and/or financial affairs.
- Guardian of a Minor – In the event a parent is unable, or unwilling, to care for a minor, a guardian can be appointed of the minor child by the court. A guardian for the minor child has the duty to care for the child as if they were a biological parent. A guardian for a minor child can either be:
- Plenary Guardian – This requires a petition to be filed and an appointment of the Court.
- Short-term Guardian – This can be selected by the biological parent(s) and does not need court approval. A short-term guardianship must be in writing and is only valid for one year or less.
- Standby Guardian – A standby guardian is generally only appointed for 60-days but has the full authority of as if they were a short-term or plenary guardian.
