Guardianship of a Disabled Adult

Guardianship of a Disabled Adult: A "Disabled Person" is a person 18 years or older who because of a mental or physical incapacity is not fully able to manage his person or estate.

Who may act as Guardian: A person who is at least 18 years of age, a resident of the United States, is of sound mind, not an adjudged disabled person, has not been convicted of a felony, and who the court finds is capable of providing an active and suitable program for the disabled person. A corporation qualified to accept and execute trust in Illinois may be appointed guardian of the estate of a disabled person.

Types of Guardians:

• Guardian of the Person is responsible for deciding where the person will live. Placement in a nursing home requires specific authority from the court. A Guardian of the Person is also responsible for overseeing the ward's care, comfort, health and, if appropriate, placement in an educational program. A Guardian is not required to spend his own money for the ward's expenses.

• Guardian of the Estate is responsible for taking care of, managing and investing the ward's income and assets.

This summary does not explain how you become a Guardian. You are encouraged to seek out the assistance of a competent attorney.

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