How does a court decide to appoint a guardian?
In Illinois, when a court decides to appoint a guardian, it is because there is an individual, or individuals, who legally cannot make decisions for themselves or take care of themselves without assistance. The court must first decide that the individual or individuals are not capable of making their own decisions, either due to age, disability, mental illness, or some other condition. Once the court has determined that the individual or individuals in question are not able to make their own decisions or take care of themselves, the court must then decide who best to appoint as the guardian. To make this decision, the court will take into account the best interests of the individual or individuals in question. For example, the court may consider the individual or individuals’ needs, mental and physical health, and the wishes of any family members or other individuals in the individual’s life. The court can also consider any other factors that it believes are important. The court will then appoint a guardian based on the best interests of the individual or individuals in question. The guardian may be a family member, a friend, or another person with knowledge of the individual’s needs. The guardian is responsible for making decisions for the individual or individuals in question and ensuring that their needs are met. The court may also appoint a lawyer to represent the individual or individuals, if appropriate.
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