September 27, 2023

At Wellspring, some of the individuals we provide in-home care for have court-appointed guardians to ensure their safety and wellness.
Guardianship is a legal process designed to protect individuals who cannot make or communicate sound decisions about their person and/or property. When someone is declared “adjudicated disabled” in Illinois, it means the court has determined that they lack the ability to fully manage their personal and/or financial affairs due to a disability, regardless of their age. Let’s delve deeper into what this means for residents of Illinois.
What does “adjudicated disabled” mean?
In Illinois law, an “adjudicated disabled” person is someone who, because of a mental, physical, or developmental condition, lacks the capacity to manage their own personal or financial affairs. This is a legal determination, and it can apply to anyone, regardless of age.
The court uses specific criteria to determine if someone is adjudicated disabled. This includes the individual’s mental and physical condition, their adaptive behavior, and their capacity to make and communicate responsible personal decisions.
How is a person determined “adjudicated disabled” in Illinois?
The process typically begins when someoneāoften a concerned family member or friendābelieves that an individual cannot make safe or sound decisions due to a disability. They may then petition the court to appoint a guardian for that person.
- Filing a petition: The first step in the process is to file a petition in the probate division of the circuit court in the county where the alleged disabled person resides. This petition will provide details about the individualās condition and why the petitioner believes guardianship is necessary.
- Medical evaluation: Once the petition is filed, the individual alleged to be disabled usually undergoes a medical evaluation. A physician, or in some cases, a psychologist or social worker, assesses the individual and submits a report to the court.
- Legal representation: The individual is entitled to be represented by an attorney. If they canāt afford one, the court may appoint a public defender or another attorney to represent them.
- Hearing: A hearing will be held where evidence is presented, and the judge makes a determination. If the court finds that the individual is indeed disabled and requires a guardian, the judge will then decide on the type of guardianship that’s most appropriate.
How is a guardian appointed?
While the judge has the final say on who is appointed as guardian, Illinois law provides a preference hierarchy:
- The individualās spouse.
- An adult child of the individual.
- A parent of the individual.
- A sibling of the individual.
- Any other relative (by blood or marriage) with whom the individual has lived for more than six months before the filing of the petition.
- A public or private agency, organization, or corporation that’s qualified to provide or arrange for residential, health, and social services to disabled adults.
The guardianās responsibilities
In Illinois, guardians must submit regular reports to the court detailing the condition of the disabled individual and any decisions made on their behalf. The guardianās responsibilities may also include:
- Healthcare decision making, including choices about medical treatments, surgical interventions, and admission to healthcare facilities.
- Ensuring access to needed services, such as therapy, rehabilitation, or specialized care. They may also coordinate with service providers on behalf of the individual.
The court dictates the guardianās authority. In some cases, the guardianship may be “limited,” meaning the guardian only has specific powers or responsibilities. In other cases, it may be “plenary,” giving the guardian wide-ranging authority.
Guardianship is designed to ensure the well-being of our most vulnerable citizens, ensuring they receive the care they need and the protection they deserve. If you believe someone you know may benefit from having a guardian, it’s crucial to consult with legal professionals familiar with Illinois guardianship laws.