Disabled adults need people to manage their personal and financial affairs when they lack the capacity to do so. The court will appoint a guardian in a special proceeding. The court has the discretion to appoint who it wants, but it will usually consider certain factors before making the decision.
Guardianship is a decision that the court weighs heavily because it entrusts control over someone else to a person. Usually, someone would petition the court to serve as the guardian. In other cases, multiple people are seeking this role. First, the court needs to determine whether the person who proposes to serve as the guardian is responsible.
Courts will generally not appoint complete strangers as guardians. There are a number of people who often serve as guardians. They include:
- The ward’s spouse
- A family member
- A neighbor
- A friend
The court may even appoint two people to serve as co-guardians.
However, there are circumstances in which a court could appoint an unrelated person who has professional training to be a guardian. There are some incapacitated people who do not have family members coming forward to become a guardian. The court cannot force anyone to assume a guardianship role. In that case, the court may appoint a public guardian from an agency to serve in this role.
The best thing is to avoid this situation and designate someone as a future guardian for when you do not have the capacity to make your own decisions.
Speak with Lincolnshire and Lake County, IL Guardianship Attorney
The decision to appoint a guardian and the proceedings can be complicated for a number of reasons. Contact a Lincolnshire and Lake County, Il guardianship attorney at Charles T. Newland & Associates online or call us at 847.797.9300 to discuss guardianship issues or any of your other estate planning needs.