Guardianship estates can be established for disabled adults who are not able to manage their own affairs. Guardian estates can also be established for minors in the custody of people who are not the natural or adoptive parents. Guardianship is divided in to two functions: guardianship of the person (personal and health care) and guardianship of the estate (financial). Guardianship estate administration is the process of handling a guardianship estate.
Like probate after death, guardianship is the default mechanism for handling the estate of a person who is incapacitated during life. Guardianship estates can be avoided by the use of Powers of Attorney by which a person can identify an agent (or agents in some succession of order) to handle in lieu of guardianship in the event that person ever become incapacitated and unable to give prompt and intelligent consideration to his or her affairs.
Guardianship estate administration is a court process that requires an attorney and is overseen by a judge. The process begins with a petition filed by the person who is willing and able to become the guardian of the person, or the estate or both or a minor or a disabled adult. With a disabled adult, the petition must accompanied by a sworn statement from a physician who has personally examined the disabled adult (the ward) and has determined that he or she is incapacitated in some way that affects his or her ability to manage and give prompt and intelligent consideration to his or her own affairs.
A guardianship estate can be established by any competent adult who steps forward to petition the Court for the authority to act as Guardian, though Illinois law provides criteria for priority if two of more people seek to be appointed as Guardian. Guardianship may be temporary or permanent. The guardian of the person has the authority to make personal and health care decisions, and Guardian of the Estate as the authority to manage the assets and funds of the ward (who is the person that is the subject of the guardianship estate). A plenary guardian is one person who is guardian of both the estate and the person.
The attorneys at the Drendel & Jansons Law Group handle the guardian estate administration process and can brought advice and representation in regard to all aspects of guardianship and the guardianship process. If you have questions, concerns or need to set up guardianship estate for another person, please contact us. We would be glad to help you.