In this article, we answer the question, "how do courts decide who to appoint as a guardian in Illinois?" We also answer the following: "what is a legal guardian?", "what are the statutory requirements to be a legal guardian in Illinois?", "what factors to courts use to determine who will be named as guardian in Illinois?
A legal guardian is someone who is legally declared as responsible for another person. Often, guardians are thought of as being used primarily for guardianship over minor children whose parents are unfit or unable to take care of the child. This is one major situation where legal guardians are involved, but they are also often used for developmentally disabled adults who need extra assistance as well as senior citizens who are incapacitated. A legal guardian is often responsible for much of the legal responsibilities of the person such as giving them a place to live, protection, and food/clothing.
For more on this, check out our article: What is a Court Appointed Guardian?
The bare minimum requirements for a person to be declared a guardian are relatively simple. The potential guardian must:
There are also other factors to consider when deciding on a guardian. Some important aspects that will be considered when appointing a legal guardian are:
Guardianship laws can be unique depending on the state, so if you are looking to establish guardianship, it is highly recommended that you reach out to an attorney beforehand. If you are located in the state of Illinois, we have several locations across Chicagoland and would be happy to help you with your guardianship or other family law case. You can call us here at 630-324-6666 or email us at firstname.lastname@example.org.
O'Flaherty Law is happy to meet with you by phone or at our office locations in: