The legal guardian's role is to help a person make the best decision for himself/herself, not to dictate how he or she should live their life. The application process can be started before the person turns 18, though the person must be 18 years of age at the time of the hearing to decide the matter of guardianship. In general, a guardian is a person with the legal right to make decisions for someone else, known as a protected person. A guardian has duties under Indiana statutes and local rules. To be a legal guardian you need an order from the court. Living with a child or incapacitated adult does not make you their legal guardian without a court order.
Revised law A guide 2. THE GOAL OF GUARDIANSHIP OR CONSERVATORSHIP Intent of guardianship or conservatorship Alternatives to guardianship or conservatorship Guardianships or conservatorships are not indefinite 3. DEFINITIONS AND TERMINOLOGY Adult with an impairment in need of a guardian or a conservator, or bothFile Size: KB. Guardianship is a legal relationship in which someone (the guardian) is authorized by the clerk of superior court to be substitute decision maker for an incompetent adult (the ward). Incompetence is determined in a court proceeding and means an adult is unable to manage his own affairs, or is unable to make important decisions.
Persons subject to guardianship are minors or incapacitated adults who have a court appointed guardian, lack sufficient understanding or capacity to make or communicate responsible personal decisions, and who have an inability to meet personal needs for medical care, nutrition, clothing, shelter, or safety. Legal Guardianship In the District of Columbia, legal guardianship for minors and “incapacitated adults” is implemented through the Superior Court of DC Probate Division Court.
This guide answers questions commonly asked about Illinois guardianship for persons with disabilities. If you require more detailed information, please refer to the Probate Act of Illinois or consult an attorney. A guardian is someone who is appointed by a court to protect and care for the health and well-being of an incapacitated person, or a minor child. A petition must be filed with the appropriate court, and notice given to all interested persons. The process may be complicated, so you are advised to consult with an attorney.