Adult Guardianship Options in Illinois
Guardianships protect people with special needs by allowing their guardians to make financial, legal, and logistical decisions for them.
These guardianships are supervised by the probate court, which appoints a guardian, oversees administration of the person with special needs affairs, and can remove the guardian if necessary. Illinois law permits several different types of adult guardianships.
When selecting the most applicable type of guardianship, families should consider whether the person with special needs can make decisions about finances and personal care for themselves but may need assistance for other certain decisions.
Testamentary Guardianship
Parents with special needs loved ones use testamentary guardianships to protect their children who are living under guardianships in case of the parent’s death. These guardianships are specified in the parents’ wills and designate someone who will take over a guardianship if the parent (the guardian) dies. They help avoid uncertainty and setbacks that could affect a person with special needs’ affairs. The guardian specified in the will must be approved and appointed by the court, however, and the court can pick a different guardian if the proposed guardian does not meet the court’s approval.
Plenary Guardianship
The court orders a plenary guardianship when a person’s special needs require that they have a guardian who can make all financial and personal care decisions for them.
There are different types of plenary guardianship – it may be as to the person (personal care, education, and medical services) or as to the estate (financial affairs and property) or as to both.
Limited Guardianship
A limited guardianship permits the guardian to make some, but not all, decisions for the person under the guardianship. When the court appoints a limited guardian, it lists the specific powers that the guardian will have in the court order. For example, the power to manage financial affairs might be listed, but not the power to make health care decisions.
Successor Guardianship
A successor guardian takes over the guardianship when the initially appointed guardian no longer can serve. The initial guardian may resign, may develop medical problems, or may pass away, creating the need for a successor if the guardianship is still necessary for the dependent.
Temporary Guardianship
In emergencies, the court may appoint a temporary guardian for up to 60 days to protect a person with special needs’ interests.
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