Read Mr. Farley's bioLegal Specialties for Children and Adults with Disabilities and Their Families
Click on any of the substantive legal specialties below to learn more.
Click here to view video of Mr. Farley's presentation, Obtaining Funding or Services for Children & Adults with DD in the State of Illinois.
Guardianship: Ensuring Appropriate Decision-Making for People with Disabilities
Guardianship, durable powers of attorney, and "living wills" allow a person to make legal decisions for someone who is unable to do so. Individuals with disabilities may be able to exercise independence in some of their affairs, and family members — their guardians — can help with others. In Illinois, the law considers a disabled person someone 18 years of age or older, who, because of mental retardation or mental illness, or physical incapacity or developmental disability, is unable to fully manage his or her own personal or financial affairs in a safe manner, and therefore in need of a guardian.
The court may appoint a "guardian of the person" or a "guardian of the estate" or appoint someone to do both. A guardian of the person refers to the authority given someone to make decisions concerning the personal and physical care of the person with a disability, including health care decisions and living arrangements. A guardian of the estate refers to the authority given to handle the money, property, bills, and other financial affairs of the person with a disability.
Attorney Robert H. Farley, Jr. can advise families regarding the establishment of appropriate levels of surrogate decision-making and responsibility for a loved one with a disability, including guardianship, durable power of attorney, living will, representative payee status, and more. Contact us to learn more.
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