Your Opinion About Our Website Is Important!
Would you be willing to answer five quick questions?
Take Our 5 Question Survey!

Estate Planning | Living Wills | Guardianship | Power of Attorney

Legal Guardianship Responsibilities

If you have been appointed by a judge as a legal guardian of a person, you have agreed to perform certain duties that are mandated by the court. Frequently, the guardian of the person is also appointed guardian of the person's estate.

As a legal guardian of the person, you probably have been given custody of a disabled person, an elderly person or a minor. The courts refer to this person as a "ward." If the ward is an adult who has minor or dependent children, you may be given custody of them as well.

If you are also appointed guardian of the estate, your responsibilities to manage the ward's property are closely supervised by the Court. Prior approval of the Court, and some actions require prior approval.

Illinois law requires that the legal guardian "assist the ward in the development of maximum self-reliance and independence." To that end, you will need to make several decisions affecting the person.

  • You will decide where the ward will live.
  • You cannot place the ward in a nursing home or other residential facility unless you are specifically given that authority by the court.
  • You are responsible for the ward's support, care, comfort, health, maintenance and placement, if appropriate, in an educational system - all from the ward's income and assets.
  • You are required to see that the ward gets medical, dental, grooming and other professional services needed.

The law does not require you to spend your own money to pay the wards expenses.However, if you incur debts greater than the ward's estate can afford, you may be held personally responsible for those amounts. You can seek the money needed from the ward's income and assets, or, if assets are unavailable, through government assistance programs.

With the court's approval, you may also be eligible to receive payment for serving as a guardian. The court may also require you to submit regular reports. Help is available through the Office of State Guardian or through a lawyer.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.

Please rate this article!

How useful was this article to you? Your rating will help us continue providing you with the best resources and information possible.

Click on a star to rate.

 

© Illinois State Bar Association
Privacy Policy | Terms and Conditions