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Setting Up Guardianship For Disabled Adults

IN YORKVILLE AND KENDALL COUNTY

Setting up a disabled adult guardianship procedure requires the appointment of a guardian.  The Illinois Probate Act defines a “person with a disability” as a person over the age of 18 years of age who exhibits a mental deterioration or physical incapacity who is not fully able to manage his or her person or estate, or (b) is a person with mental illness or a person with a development disability and who because of his or her mental illness or development disability is not fully able to manage his or her person or estate, or (c) because of gambling, idleness, debauchery or excessive use of intoxicants or drugs, so spends or waste his or her estate as to expose themselves or their families to want or suffering, or (d) is diagnosed with fetal alcohol syndrome or fetal alcohol effects.  See 755 ILCS 5/11a-2.  Simply put, a disabled adult is a person over the age of 18 years of age that is incapable to managing their own affairs, whether it involves finances or personal decisions.

TWO TYPES OF GUARDIANSHIP

 IN YORKVILLE AND OSWEGO IL KENDALL COUNTY

There are two types of guardianship proceedings for disabled adults in Kendall County.  The first type of guardianship matter involves “Guardianship of the person”.  Essentially, Guardianship of the person is when a guardian is appointed to make the ward’s personal care decisions, such as healthcare and residential placement decisions. The ward is the disabled adult. The Guardian of the Person will make medical and personal decisions for the ward. For example, a special needs adult child over the age of 18 and one parent seeks to be appointed as the Guardian of the Person over their special needs child.  In many cases, the ward receives social security disability income because of their disability and one parent is the “payee of the special needs child”.  Thus, in many cases, parents of special needs children must seek the appointment of the disabled adult as Guardian of the Person.

The second type of guardianship in Yorkville and Kendall County is “Guardianship of the Estate”.  Guardianship of the Estate is where the Guardian is responsible for making financial decisions for the disabled adult.  A person seeks to become Guardian of the Estate because the disabled adults have financial assets, which must be managed. The disabled adult is incapable of making their financial estate decisions because of their partial or full-disability. The Guardian of the Estate must account for the disabled person’s monies and file an inventory within 60 days of appointment.  Generally, an estate inventory is due on a yearly basis.  A Surety Bond is also required of the Guardian unless a Will or other instrument waives the Surety Requirement.  A Surety Bond is a type of insurance to protect the financial assets of the Ward’s Estate in case of mismanagement of financial assets by the Guardian of the Estate.

PETITION FOR APPOINTMENT OF GUARDIAN FOR DISABLED PERSON

In Yorkville, Oswego, Plano, and Kendall County, Illinois, the Petition for Appointment of Guardian for Disabled Person is the form that must be completed.  There are three (3) aspects of this form, which are important. The first aspect is the relationship of the proposed guardian to the ward.  The second aspect is why is the disabled person unable to manage their affairs.  The third aspect is the heirs and relatives of the ward, such as spouse, brothers, sisters, and children.  The heirs and relatives of the ward are important because they must be notified of a proposed guardian’s Petition for Appointment of Guardian for the Disabled Person.

SUMMONS FOR APPOINTMENT OF GUARDIAN FOR DISABLED PERSON

The summons is important because the Disabled Adult has a right to agree or contest the validity of their disability.  The Summons is the official court notice, which must be served to the disabled adult.  The disabled adult is required to appear at the court date for the appointment of a guardian.  The Kendall County Courthouse is located at 807 W. John, Yorkville, Illinois.

The summons grants the disabled person the right to have a guardian ad litem appointed for them to be their lawyer.  A guardian of litem is a lawyer certified under the law to be appointed by the Judge and report back to the Kendall County Judge with their recommendations (related to the disabled person’s case).  Typically, the Summons is served by the Kendall County Sheriff’s Office or an independent process server.

ONLINE TRAINING AND CERTIFICATE OF COMPLETION FOR THE GUARDIAN

Any guardian of the person or estate must undergo online training now and provide the Guardianship Judge a copy of their online class completion within one (1) year of being appointed as the Guardian of a Disabled Adult.  SEE 755 ILCS 5/11-a-12(e).

SKILLED AND TRUSTED GUARDIANSHIP ATTORNEYS FOR DISABLED ADULTS IN YORKVILLE, OSWEGO, PLANO, PLAINFIELD, JOLIET, AND KENDALL COUNTY

The Lawyers of Gateville Law Firm and Sean Robertson provide trusted and skilled legal counsel for the appointments of Guardians in Kendall County.  Our lawyers concentrate in estate planning, probate, and guardianship proceedings in Yorkville and Kendall County.  Our lawyers are happy to set-up a Zoom, Telephone, and/or in-person appointment to discuss your guardianship concerns.  Reach us today at 630-780-1034  or via email at Sean@GatevilleLawFirm.com

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