Guardianship Planning for Disabled Adults

 Posted on March 10, 2025 in Estate Planning

If you are the legal guardian of an adult with disabilities, you may worry about what would happen to the ward if you could no longer serve as his guardian. Due to great medical advances in caring for people with conditions like Down Syndrome, children with disabilities are now more likely to outlive their parents than ever before. Even if you are younger than the person you serve as guardian for, there is always a chance that something could happen that would prevent you from continuing to fulfill your guardianship responsibilities. One way to prepare for this possibility is to choose a successor guardian. A successor guardian is someone who is able and willing to become the ward’s guardian should you become unable to continue serving. A Libertyville, IL adult guardianship attorney can help you establish a successor guardianship and facilitate a smooth transition should the successor guardian need to take over.

How Successor Guardianships Work 

If an acting guardian suddenly becomes unable to fulfill her duties, a successor guardian must be named quickly. This can be done when the situation arises, or a current guardian can petition the court in advance to plan for a successor guardianship. Planning for succession can make the change easier for everyone involved, as it gives both the successor guardian and the ward time to adjust.

A successor guardian is sometimes called a standby guardian. This is because the successor guardian has no specific duties or rights until the previous guardian steps down, passes away, or is removed. She simply stands by until she is needed, at which point the court can transfer guardianship duties to her. It is helpful for the successor guardian to keep spending time with the ward and familiarizing herself with his needs during this time.

Choosing a Successor Guardian For an Adult 

Almost any adult who is a legal U.S. resident and has not been convicted of a serious crime can serve as a guardian. When you are choosing a successor guardian, there are a few other important considerations, including the following: 

• Willingness - The successor guardian should be someone who is happy to accept the role. 
• Familiarity with the ward - It is best to choose someone the ward knows and will be comfortable with. The successor guardian should also be reasonably familiar with the ward’s needs. 
• Financial management skills - Since a full guardian or guardian of the estate will be managing the ward’s finances, it is important for her to be financially literate and have good money management skills. 

Contact a Libertyville, IL Adult Guardianship Lawyer 

Newland & Newland, LLP can help you prepare for a seamless transition in guardianship. Our experienced Libertyville, IL guardianship attorneys are experienced in planning for the lifelong care and support of disabled adults. Contact us at 847-549-0000 for a complimentary consultation.