If your child is going to require your assistance with medical and/or financial decisions after turning 18, you will need to be appointed as the Guardian of their Person and/or Estate to be able to effectively assist them.  This process should be started before the child’s 18^th birthday for a smooth transition.

Guardianship requires that the person requiring guardianship (the “ward”) be deemed incapable of handling their own financial or medical needs.  Taking away someone’s ability to make their own decisions isn’t something that is taken lightly.  Therefore, a doctor’s determination of that person’s abilities is required to help the Court understand their abilities and needs.

You will need to keep detailed records of any financial transactions you make on behalf of the Ward and be prepared to report to the Court periodically regarding those transactions.  You will also have to provide the Court with updates regarding the ward’s medical status.

Guardianship is a legal process in which a court appoints a responsible individual to make decisions for a minor or an adult who is unable to manage their personal, financial, or medical affairs.

Guardianship may be necessary when an individual is unable to make safe or informed decisions because of age, illness, disability, or incapacity and no less restrictive legal alternative is available.

A court may appoint a qualified family member, trusted friend, or another suitable individual who is willing and able to act in the best interests of the person needing protection.

Guardianship of the person allows a guardian to make decisions regarding healthcare, living arrangements, and personal well-being, while guardianship of the estate involves managing finances, property, and other assets.

Yes. Guardianship may be established for a minor when parents are unable to care for their child or when another legal guardian is needed to protect the child’s interests.

Yes. Adult guardianship may be appropriate for individuals who are unable to make informed decisions because of physical or mental incapacity.

The court reviews the circumstances, considers evidence regarding the individual’s needs, and determines whether guardianship is appropriate before appointing a guardian.

Not necessarily. Courts often tailor guardianship arrangements to preserve as many rights and personal freedoms as possible while providing the necessary protection.

Yes. If circumstances change, the court may modify or terminate a guardianship when it is no longer necessary or when another arrangement better serves the individual’s interests.

A guardian is responsible for acting in the best interests of the individual, making appropriate decisions, fulfilling legal obligations, and, when required, reporting to the court.

The timeline varies depending on the complexity of the case, court schedules, and whether the guardianship is contested.

The cost depends on the circumstances of your case. During your consultation, we’ll explain our fee structure and discuss your legal options.

An experienced guardianship attorney can guide you through the legal process, prepare the necessary court documents, represent your interests, and help ensure all legal requirements are met.

In some situations, alternatives such as powers of attorney, trusts, or supported decision-making arrangements may provide the assistance an individual needs without requiring a formal guardianship.

Keith Short & Associates proudly assists families throughout Southern Illinois with guardianship matters. Our attorneys provide experienced legal guidance, compassionate support, and personalized solutions to help protect your loved ones and their future.

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