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Steps to becoming a legal guardian in Illinois

| Jun 2, 2020 | Family Law |

Within some child custody situation, there may be a disabled child who will need an appointed legal guardian after they become of legal age.  He or she may not be able to navigate daily living on their own, and will need someone who can be responsible for helping facilitate certain measures. If this is not addressed within the original custody order itself, an application for guardianship will need to be filed once the child becomes an adult.

The state of Illinois has what is known as The Office of the State Guardian, operating under the Guardianship and Advocacy Commission.  The state also carries one of the most unique and progressive guardianship laws in the country, meaning that there is substantial assistance available in a guardianship situation.

There are two types of guardianships, “guardian of person” and “guardian of estate.” Guardian of a person will address issues such as medical treatment decisions, place of residence for the disabled person, social services, and any other matters that arise in which the person would be unable to manage. However, it does not give the guardian the right to manage finances of the ward.  If a person needs help making financial decision or managing finances, then a guardian of the estate will be appointed as well.

Consult with an experienced family law attorney if guardianship of either person or estate is needed.  He or she can answer any questions you may have, as well as assist you in navigating the proper applications and procedures.

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View the profile of Illinois Family Law Attorney Alex Fawell
DCBA | DuPAGE County Bar Association Member
Lead Counsel Rated Attorney