In this Elder Law Minute, Kaye DeSelms Dent explains limited guardianship in Illinois, the least restrictive alternative, and how families can balance protecting a loved one with preserving their individual rights.
Introduction
Hi, I’m Kaye DeSelms Dent with Dent Coulson Elder Law here with an elder law minute for you. These videos are intended to educate you about the elder care journey which begins earlier in life than you might think. We hope that you find them useful and if you have further questions, please call us at Dent Coulson Elderlaw.
Guardianship Is Not All or Nothing
Today we’re going to talk about guardianships [music] and the fact that guardianships are not an all or nothing proposition. In some cases, guardianship itself is not really the least restrictive [music] alternative.
Least restrictive alternative is the goal of guardianship analysis. The court is obligated to look behind the curtain and determine if there are other alternatives that would serve the person without completely restricting them through a guardianship.
Limited Guardianship in Illinois
Working our way backward from guardianship, a limited guardianship in Illinois is the next least restrictive alternative.
In some situations, we have an adult who lacks some, but not all, according to the statute of the ability to make their own decision. So, they’re not necessarily incapacitated according to the way the law defines incapacity, but they definitely need some assistance and some protection.
When Complete Guardianship May Be Appropriate
I feel that limited guardianships are not used in enough situations. Certainly, there are many situations where a plenary or complete permanent guardianship is appropriate, especially for someone with advanced [music] or advancing dementia or another deteriorating illness that’s [music] only going to continue to take away their ability to function.
But in some situations, a person has a condition that prevents them from making some of their decisions. But they can still participate in discussions. They can still express preferences. They can still make certain maybe less monumental decisions and [music] things that won’t put them in as much danger if they, you know, mess up.
Determining What Decisions a Person Can Still Make
So when we are [music] talking with physicians or other professionals about a person’s limitations due to a presumed disability or a condition that might result in incapacity, we are obligated to determine if there are things that they can still do for themselves, but they just need somebody handling certain decisions.
It’s very important that we get all the details possible. And sometimes this is a little concerning for the families who’ve never heard of the concept of limited guardianship, who feel very protective toward their loved one and who don’t understand that this is really a good thing for everybody because autonomy is very important to people.
Protecting Rights Through Limited Guardianship
Limited guardianship sometimes causes families a lot of concern because it’s something they haven’t heard of before and may not understand.
But it is very important to understand that a court cannot take away someone’s rights to make their own decision [music] without proper evidence and a good basis. And often times a limited guardianship is the balance that needs to be had really legally in these situations.
It’s also not a bad thing because it may allow some coming together between a person who is fighting a guardianship for themselves and family members who think they need [music] one to find some middle ground and understand that that the person who needs assistance can still get it but still have some of that autonomy and dignity that they want to preserve.
Closing
If you are in a situation where a loved one is declining or has a disability, maybe you have a child who is turning [music] 18 and has a condition that may cause at least a certain level of incapacity, we are here to help.
We help people obtain guardianships and you should feel free to give us a call.
Thank you.
Also looking for information about Medicaid and Asset Preservation? Visit these articles:
“Your Trusted Advisor on the Elder Care Journey”
Dent-Coulson Elder Law is dedicated to providing families in the St. Louis area with their Elder Law needs. Our practice areas include Asset Preservation Planning, Veterans Benefits, Medicaid Eligibility, Alzheimer’s Planning, Special Needs Planning, Estate Planning and more. We understand the financial challenges you may face as you and your loved ones grow older. At Dent-Coulson Elder Law, our clients’ well-being is our number one priority. For immediate help, call (618) 632-7000 (IL) or (314) 567-9292 (MO), or Contact Us and we will get in touch as soon as possible.