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Adult Guardianship

Attorneys Protecting Disabled Adults

Most people will require assistance from someone else at some point in their lives. In some cases, it may be a temporary situation, such as while recovering from an illness or surgery. In other cases, the need for help is more serious and permanent. At Otte & Czajkowska, LLC, we understand that factors such as advancing age, physical disabilities, and mental incapacity can dramatically increase a person's need for assistance. If you have a family member or loved one who is having trouble managing their personal affairs, our experienced attorneys can help you explore whether an adult guardianship is necessary and appropriate.

Understanding Guardianship Laws in Illinois

Under Illinois law, guardianship of an adult can only be granted if a judge rules that the person in question is disabled and requires the assistance of a guardian. Any condition that prevents a person from responsibly making or communicating decisions about his or her personal affairs may be considered a disability for the purposes of guardianship proceedings. A person could be deemed disabled due to:

  • Deterioration of mental faculties
  • Physical incapacitation
  • Mental illness
  • Developmental disabilities

A disability could arise as the result of a sudden, tragic event such as an accident or illness, or it could develop slowly over time.

Types of Adult Guardianship

It is up to the court to decide what type of help the disabled person needs, but there are two basic areas of responsibility. A guardian of the estate is responsible for helping to manage the disabled person's money and property, while a guardian of the person may be appointed to look after the health and medical needs of the disabled individual. A guardian of the person can also assist with applying for Medicaid, Supplemental Security Income (SSI), and other aid programs.

Within these areas of responsibility, the court may limit the guardian's authority to certain aspects of the disabled person's affairs. If both a guardian of the person and a guardian of the estate are needed, the court may appoint a different person for each role or the same person to serve in both capacities.

Niles Attorneys Helping You Plan Ahead

As you look to the future, it is possible for you to nominate a trusted person to serve as your guardian if you ever become disabled. Your nomination, however, does not eliminate the need for court approval. The court will take your nomination into consideration, but approval is not guaranteed. Our skilled attorneys can help you select a nominee and develop a plan that is likely to be approved by the court in the event that you need to have a guardian appointed.

Polish-Language Guardianship Services in Morton Grove

At Otte & Czajkowska, LLC, we understand that it can be difficult for an elderly person to clearly communicate their needs. For those who do not speak fluent English, the challenges can be even greater. Our firm is proud to serve the needs of Polish-speaking individuals and families on Chicago's northwest side. With an attorney and legal assistants who speak Polish as part of our team, we are able to help clients from a variety of backgrounds in guardianship proceedings.

Schedule an Appointment Today

If you have additional questions about adult guardianships in Illinois, contact our office to get the answers you need. Call 773-631-7100 and schedule a confidential consultation with a member of our team today. Otte & Czajkowska, LLC serves clients in Jefferson Park, Elmwood Park, Niles, Norridge, Edgebrook, Edison Park, Glenview, Des Plaines, Harwood Heights, Lincolnwood, and throughout the northwest side of Chicago.

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