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Illinois Adult Guardianship Laws
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Under Illinois law, an adult guardian is a person who has been appointed by a judge to take care of an incompetent adult personally and/or manage that person's affairs. Illinois law defines an incompetent adult as a person who lacks sufficient capacity to manage his own affairs or to make or communicate important decisions concerning his person, family or property. Under Illinois law, the only way a person can become a guardian for an adult is to be appointed guardian by the Illinois circuit court. Illinois law requires that adult guardianship be used only if it will support the interests of the disabled person and protect him from the abuse of others.
The two main types of Illinois guardianships are person guardianship and estate guardianship. With respect to a person guardianship, the court appoints a guardian when an Illinois resident cannot make responsible decisions regarding his personal care. This guardian will make all the decisions that will promote the resident's well being. The court appoints an estate guardian when an Illinois resident is unable to manage his estate or finances. The guardian will make decisions about the disabled person's income or other assets.
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