What is a Limited Guardianship?

 Posted on March 06, 2025 in Estate Planning

Full guardianship places the guardian in control of most aspects of the ward’s life. A guardian decides where the ward should live, makes important medical decisions for the ward, and manages the ward’s financial affairs. When an adult with significant disabilities, such as Alzheimer’s or developmental delays, needs assistance with almost every area of life, a typical guardianship is likely appropriate. A limited guardianship can be used when the prospective ward is functioning well in most areas of daily life but requires help with others. Your Schaumburg, IL guardianship attorney can help you determine what type of guardianship would be best based on the prospective ward’s needs and abilities. If you begin with a limited guardianship, it is possible to advance to a full guardianship later on if the ward’s condition deteriorates and he needs more help.

How Does Limited Guardianship Work? 

In a limited guardianship, the guardian’s decision-making responsibilities and power to act on behalf of the ward are well-defined. The guardian is only placed in charge of managing the specific area of life the guardian needs help with while preserving the ward’s autonomy in other areas.

For example, say your elderly mother is in the early stages of dementia. She does well living alone with frequent check-ins and understands her health situation well. However, she cannot remember to pay her bills on time and has almost had a utility cut off. You could request a limited guardianship for financial management. This would allow you to access your mother’s bank account to pay her bills while preserving your mother’s ability to make other decisions for herself. She would still be able to make her own medical decisions and choose whether she wants to remain in her home or move to a senior residence.

Alternatives to Guardianship 

If the person you are considering a limited guardianship for still has the capacity to sign legal documents and is cooperative, you may have the option of using powers of attorney rather than guardianship. The person in need of help could sign a power of attorney giving you certain limited powers to act or make decisions on his behalf starting now. He could then create springing powers of attorney, which would activate when he becomes fully incapacitated, giving you the power to manage other areas of his life.

While this option typically works very well when it is possible. However, capacity issues are very common when the person creating powers of attorney is already struggling with a disability.

Contact a Schaumburg, IL Guardianship Lawyer 

Anderson Attorneys, P.C. will strive to help you protect your loved one. Our caring Schaumburg, IL guardianship attorneys are skilled in creating the least restrictive guardianships necessary to keep the ward safe and cared for. Contact us at 847-850-8899 for a complimentary consultation.