How are guardianship decisions made?

In Illinois, guardianship decisions are made through a legal process. Generally, the court will appoint a guardian if an individual is unable to make decisions for themselves due to physical or mental disability. The court will evaluate whether a guardianship is necessary and who is best-suited to serve as guardian. When determining who should become the guardian, Illinois courts look at various factors such as the current relationship between the individual and guardian, the physical and emotional needs of the individual, and the guardian’s ability to provide for those needs. The court will also look at the individual’s wishes and may request a report from any existing guardians to determine their fitness and suitability. The individual is legally required to provide proof of their disability in order for the guardianship to be granted. Generally, this is done through a professional evaluation by a doctor, psychologist, or other expert. The court may also request additional evidence such as medical records or testimony from family members to strengthen the individual’s request. If the court determines an individual requires a guardian, it will appoint an appropriate and suitable individual. The court will also outline the specific duties and responsibilities of the appointed guardian. It is important to note that Illinois law does not allow any family members to be appointed unless in exceptional cases where there is no other suitable option.

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How are guardianship decisions made?

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