Managing an estate takes a great deal of responsibility and good decision-making capabilities. This is true throughout the entire estate planning process; however, it becomes especially significant toward late adulthood. Unfortunately, not all individuals are capable of managing their estate effectively on their own. In these instances, it may be necessary to request and appoint guardianship over the estate owner. Through diligent research, effort, and collaboration with an experienced elder law attorney, successful guardianship is possible.
When is Estate Guardianship Necessary?
In Illinois, guardianship may be granted in instances where an individual, known as the ward, is not capable of making reasonable decisions regarding their financial or personal needs due to a physical, mental, or developmental disability. Under the Illinois Probate Act, the courts can modify the aspects of the appointed guardianship to meet the specific needs and capabilities of the ward. Guardianship is meant to safeguard individuals who cannot properly care for themselves or their property.
Court-appointed guardianship occurs most often in two situations: when a special needs child becomes an adult, or when an elderly individual loses decision-making abilities due to dementia. It is also possible for a guardian to be appointed for other concerns, including gambling habits, idleness, and excessive alcohol or drug use.
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