Guardianship for Disabled Adults

Aguardianship may be necessary when, due to a mental, physical, or developmental disability, a person lacks sufficient mental capacity to make or communicate reasonable decisions regarding their personal care or finances. The fact that a person is elderly, mentally ill, developmentally disabled, or physically disabled does not necessarily indicate a need for a guardianship.

The first step in the process is to speak with a lawyer about the basis for establishing a guardianship, including the process of petitioning the court and how and when to obtain a report from a physician. If there is someone in your life you believe may benefit from the protection of a guardianship, call us at (847) 728-0808.

The process for appointing a guardian requires that certain interested persons, usually parents, children, and siblings receive notice of the guardianship proceedings. For a guardianship over a disabled person, a report from a doctor detailing the person’s disability and need for a guardian must be obtained and presented to the court. The court may also appoint a guardian ad litem or “GAL” to speak with the disabled person, relatives, and doctors and to generally investigate and review the case and present a report to the court recommending whether or not a guardianship is appropriate.

Upon appointment of a guardian of an estate, the court will usually require inventories, petitions for expenditures, budgets, and accountings for the assets of the disabled person. In all types of guardianships, the process does not end with the appointment of the guardian.  The court retains control and oversight over the guardianship relationship.

We represent guardians in guardianship proceedings from the preparation and filing of the initial petition for guardianship through the inventory, budget and accountings to the final order closing the case.

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