Guardianship proceedings may be necessary in a variety of situations. The Illinois Probate Act provides for several types of guardianships for both minor children and disabled adults. With respect to a minor child, a guardianship may be established when neither of the child's parents is willing or able to care for the child, or when the child receives assets from an inheritance or lawsuit proceeds. Guardianships for disabled adults are used for a person over the age of eighteen who cannot manage his or her own affairs due mental or physical illness or disability, or due to issues involving gambling or substance abuse.

Guardianship is typically divided into two main sets of responsibilities - guardianship of the person, and guardianship of the estate. The same person may be appointed to act in each of these roles, or the responsibilities may be divided between individuals (or a financial institution in the case of estate guardianship). The guardian of the person has custody of the minor or disabled adult, and is responsible for support, care, comfort, health, maintenance and education. The guardian of the estate has the duty to take care of, manage, and invest the minor's or disabled adult's assets, and to use those assets for the ward's benefit.

Several guardianship options are available, depending on how much control is required, and when the guardianship will need to go into effect. The various types of guardianship are described below:

• Limited Guardianship: a limited guardianship is appropriate in the case of disabled adults who can make some, but not all, of their own decisions regarding their personal care and management of their financial affairs. The limited guardian makes any decisions that the disabled adult cannot. The responsibilities of the limited guardian are detailed in a court order. The disabled adult continues to make decisions regarding anything not listed in the court order.
• Plenary Guardianship: a plenary guardianship is used when the disabled adult is unable to make any decisions regarding his or her personal care and finances.
• Temporary Guardianship: in an emergency situation where a disabled adult is in immediate need of protection, a temporary guardianship can be established pending the appointment of a permanent guardian. Temporary guardianship can last no longer than 60 days.
• Short-Term Guardianship: short-term guardianships are used in situations where the parents or guardian of a minor child or disabled adult will be temporarily unavailable to perform their duties due to circumstances such as illness or absence. The short-term guardianship can be established without court involvement, and can last for up to 365 days for a minor, and 60 days for a disabled adult.
• Standby Guardianship: parents of a minor or disabled adult can nominate a guardian in their will to act in their place upon their death. The designated person must still be appointed by the court before he or she can serve as guardian. Note that the court will consider the designated person as the guardian, but is not bound by the will. Someone else may be appointed if the court determines that the designated person is inappropriate.

If you would like additional information about the different types of guardianship, or the process for obtaining guardianship of a minor or disabled adult, please feel free to contact me at (847) 705-9563, or at gnagler@lavellelaw.com.