A person should consider guardianship for their loved one when they are unable to make safe and informed decisions for themselves. This is often because of a sudden illness or a long-term disability. Depending on the court’s decision, a guardian has the power to make various decisions. This can include everything from deciding on living arrangements to managing their finances.
Because of this wide scope of authority, guardianship can be highly restrictive. Some Illinois courts may limit the guardian’s authority to specific areas or timeframes. This allows the ward to exercise some independence. They also retain certain rights unless the court states otherwise, such as the right to vote or challenge the guardianship.
When might a guardian be necessary?
If your loved one does not have any legal documents in place about their health care and assets when they are incapacitated, guardianship may be necessary. Incapacitation means having:
- Severe cognitive impairment or conditions such as advanced dementia or Alzheimer’s disease, which can impair decision-making abilities
- Severe mental health disorders, which might prevent a person from understanding the consequences of their decisions or managing their affairs
- Significant developmental disabilities, which can make it difficult for a person to care for themselves independently.
- Age-related cognitive decline, which might make it unsafe for a person to manage personal, medical or financial matters on their own
- A serious illness or accident that rendered them unable to make or communicate their decisions
In Indiana, anyone who is concerned about a person who can’t make decisions for themselves can ask the court to appoint a guardian. This could be family members, friends or others who care about the person’s well-being. Agencies or organizations that help care for the person can also request guardianship.
Do your due diligence before making a decision
If you are planning to petition for guardianship for your loved one, you must show proof that it is necessary and that you have their best interests in mind. You may also need to first consider other options, like power of attorney or supported decision-making, before deciding on guardianship. Consult with an attorney to assess whether guardianship is the right and respectful choice for your loved one’s needs.
