Does My Loved One Need a Guardianship?

naperville estate planning  lawyerThere are many reasons a loved one might need a guardianship. Guardianships allow you to manage the affairs of someone who is not able to do so for themselves. Most guardianships are created for people who are elderly and have age-related impairments or for special needs adults. Some aging adults may fear being the subject of a guardianship, or “ward,” because they are afraid of losing control. However, wards may find that having a guardian to handle all their finances or day-to-day needs is convenient and protects their safety. If you are considering a guardianship for your loved one, it may help to talk about it with them first and discuss how a guardianship could help them. 

When Might a Guardianship Be Right For My Loved One?

Physical or mental disabilities can make it impossible for a person to manage their own finances, healthcare decisions, and day-to-day responsibilities. In Illinois, just showing that someone has a mental disability is not enough to prove the need for guardianship. Guardianships are reserved for those whose disability prevents them from being able to make sound decisions about their own personal care or money. This often happens as people age, especially when conditions like Alzheimer’s or dementia begin to take hold. 

Other adults with certain special needs may not be capable of managing money and paying bills or making responsible medical decisions like remembering to go to the doctor. A guardianship may be good for any adult who needs help to manage their affairs. Making the choice to seek a guardianship over a loved one can be difficult, but sometimes it is the best thing you can do to help them. 

What Types of Guardianship Could I Seek? 

In Illinois, there are two main types of guardianships: guardianship of the person, and guardianship of the estate. Guardianship of the person allows you to make decisions about your loved one’s medical care, where they will live, and how other personal needs will be met. Estate guardianship gives you control over your loved one’s finances. An estate guardian handles things like paying bills and managing investments and insurance policies for the ward. 

Placing a loved one under a guardianship is a difficult choice to make. Especially if it is your aging parent, you may feel as if you are taking away their freedoms. However, guardianships are a tool of compassion. By becoming a guardian, you are taking a lot of stress and worries off your loved one. With you managing their person or estate, your loved one will be able to relax and focus on themself. 

Contact an Illinois Attorney for Guardianships

When you are considering seeking a guardianship for your loved one, Gierach Law Firm is here to help. Our compassionate and experienced Naperville guardianship lawyers will discuss your options with you and help you determine whether filing for guardianship is right in your situation. Call us at 630-756-1160 to schedule a confidential consultation.  


Illinois Guardianship and Advocacy Commission

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Please note: These blogs have been created over a period of time and laws and information can change. For the most current information on a topic you are interested in please seek proper legal counsel.

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