Legal guardianship has many responsibilities
Legal guardianship has many responsibilities
If you have been appointed by a judge as a legal guardian of a person, you have agreed to perform certain duties that were 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 for the Court. Prior approval of the Court for some actions is required.
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 on behalf of the ward for expenses incurred. In fact, 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 an attorney.
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.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.