Nomination of the Guardian

By Elder Law Attorney Rick Law of the Estate Planning Center at Law Elder Law, located in Aurora, Illinois in Kane County.  Just off of the Farnsworth exit of the I-88 tollway.

A person, if still of sound mind and memory, may designate in writing a person, corporation, or public agency, to be appointed as guardian or as successor guardian of the person, the estate, or both, in the event a person is adjudged to have a disability. The designation may be proved by any competent evidence, but if it is executed and attested in the same manner as a will, it will have prima facie validity.

If the court finds that the appointment of the one designated will serve the best interests and welfare of the ward, it will make the appointment in accordance with the designation. The selection of the guardian will be in the discretion of the court whether or not a designation is made.

If the alleged ward is a resident of Illinois, the proceeding must be instituted in the court of the county in which that person resides. If the alleged ward is not an Illinois resident, the proceedings are required to be instituted in the court of a county in which the real or personal estate is located.

Generally, only duly appointed Public Guardians and the Office of State Guardian have the power to place a ward in a residential facility. Other appointed guardians usually may only do so if specified by court order.

The guardianship order may specify the conditions on which the guardian may admit the ward to a residential facility without further court order. In making residential placement decisions, the guardian must make decisions in conformity with the preferences of the ward unless the guardian is reasonably certain that the decisions will result in substantial harm to the ward or to the ward’s estate.

When the preferences of the ward cannot be ascertained or where they will result in substantial harm to the ward or to the ward’s estate, the guardian must make decisions with respect to the ward’s placement that are in the best interests of the ward.

The guardian may not remove the ward from the ward’s home or separate the ward from family and friends unless such removal is necessary to prevent substantial harm to the ward or to the ward’s estate. The guardian has a duty to investigate the availability of reasonable residential alternatives. The guardian must monitor the placement of the ward on an ongoing basis to ensure its continued appropriateness, and is tasked with pursuing appropriate alternatives as needed.

Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options!


Rick L. Law, Attorney, Estate Planner for Retirees.

Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine,, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!

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