Guardianship for Disabled Adults
There comes a time in every person’s life when they begin to see their parent, grandparent, spouse or other loved one begin to fade out. The once vital person now needs additional help making decisions and someone needs to step up to help them. It usually happens sooner than it should, and you may not feel ready to deal with slowly losing them and taking on the additional responsibility.
In my own family, I first dealt with this issue over 20 years ago. After seeing firsthand the difficulty and stress that it caused on my family, I decided to help others deal with taking care of loved ones with forms of dementia and mental impairment. I understand the denial of the impairment and the difficulty of taking over the decisions for a loved one, while still trying to navigate a new relationship with them and other family members. It is my intent to help alleviate this burden remove some of the guilt, and help the family navigate this difficult time.
Since my original experience, other family members have highlighted that there are other reasons that a loved one may need a Guardian. Mental health issues, diagnosed, undiagnosed treated or untreated can also cause a loved one to be lost. A traumatic brain injury and childhood trauma have the same effect. It is heartbreaking to sit helplessly watching someone not get the help they deserve and need. Often, your loved one will even fight the guardianship and the help that you offer, despite the fact that a guardianship would be best for them.
Of course, there is also the special needs child becoming an adult under the law, merely by turning 18 years of age. Of all the work I do, this is the most fulfilling. I have a soft spot for children with different needs. My experience with them has been incredibly enriching and has allowed me to see a different way to enjoy life. It has also made me truly appreciate those who have patience.
Whether I am helping obtain Guardianship of disabled adult, have been appointed by the McHenry County Court to determine if an alleged disabled adult needs a Guardian, or helping an alleged disabled person show that they are not disabled and can make decisions for themselves, I try to act as if it was my loved one at issue.
General Things to Know about Guardianships of Adults:
- The alleged disabled person has to be served with the guardianship petition and all close relatives must be given notice of the petition/motion for guardianship.
- Guardianships can be for the person, the person’s estate, or for the person and the estate.
- Guardianship of the person is essentially the right to make all personal decisions for them, including medical decisions.
- Guardianships of the estate is essentially the right to make all financial decisions for the person.
- A doctor’s evaluation is required.
- Guardianships can be limited in what the Guardian can do.
- Guardianships can be temporary.
- Guardianships can be terminated by a petition by the Guardian, Disabled adult, or another interested person.
- There can be more than one Guardian.
- There can be a successor Guardian.
- Guardianship may not be needed if there are Powers of Attorney for medical and financial
Once guardianship is established, the Guardian has additional duties and obligations outlined by the statute, including taking a guardianship course, filing initial inventory, and filing annual reports. Some clients are able to prepare the reports themselves, while many choose to have me prepare, finalize, and file the reports for them.
Contact Attorney Rhonda L. Rosenthal Today
I serve my clients with the utmost courtesy and respect, listening to their concerns and designing solutions suited to their individual needs. Get in touch today to get the legal help you need.