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  1. #1

    Default Types of Guardianship

    My question involves a person located in the state of: Illinois
    I was wondering what would be the best route to go if you wanted to help a disabled person with legal matters, financial, medical care but not all decision making. I'm helping a 26 year old who is intellectually disabled but I feel is fairly high functioning. He has been married and has a son. He's held a job but does need extra support understanding how to do a job. I've read about a form of guardianship called SDM(supported decision making). I feel becoming his guardian would take away too many of his rights and may negatively affect things he'd like to pursue in the future. The biggest one being regaining custody of his son from a legal guardian. Is SDM a legally acknowledged form of guardianship that we can get through the courts. Hes involved in a very messy legal situation and he needs someone who can speak for him and be with him to help understand what's going on. Right now I'm just like his 2nd Mom. Any direction would be appreciated.

  2. #2
    Join Date
    Mar 2013
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    17,814

    Default Re: Types of Guardianship

    Quote Quoting EasilyDistracted03
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    Hes involved in a very messy legal situation and he needs someone who can speak for him
    That person is called a lawyer. He needs one.

    Anything you do to help him with legal matters is the illegal practicing of law without a license and you'll do more harm than good.

    I commend you for your intentions but, other than moral support, you really need to stay out of his business.

  3. #3

    Default Re: Types of Guardianship

    Quote Quoting adjusterjack
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    That person is called a lawyer. He needs one.

    Anything you do to help him with legal matters is the illegal practicing of law without a license and you'll do more harm than good.


    I commend you for your intentions but, other than moral support, you really need to stay out of his business.
    To clarify my intention is in no way to play lawyer. Thus far because he had no advocate to try to help him find legal aid because he also doesn't have 2 pennies to rub together and no assets hes been falsely accused, arrested, lost his child to people who took advantage of his disability and tricked him into signing permanent guardianship under the idea it was only temporary. If he even talks to a lawyer no one can be with him because its privileged information so he has no clue what was just said. So I'm sorry if I don't see how leaving him to figure it out alone is helping him.

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Types of Guardianship

    Quote Quoting EasilyDistracted03
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    To clarify my intention is in no way to play lawyer. Thus far because he had no advocate to try to help him find legal aid because he also doesn't have 2 pennies to rub together and no assets hes been falsely accused, arrested, lost his child to people who took advantage of his disability and tricked him into signing permanent guardianship under the idea it was only temporary. If he even talks to a lawyer no one can be with him because its privileged information so he has no clue what was just said. So I'm sorry if I don't see how leaving him to figure it out alone is helping him.
    Actually, he can allow whomever he chooses to sit in with him when speaking with a lawyer.

  5. #5
    Join Date
    Jun 2014
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    3,161

    Default Re: Types of Guardianship

    Parents have to make financial, medical and countless other decisions for their children. Often these decisions have to be made in a split second. If he is not able to make these decision concerning himself. He is unable to make them for his child. Does he have visitation that he exercises ?

  6. #6
    Join Date
    Oct 2006
    Posts
    16,129

    Default Re: Types of Guardianship

    Quote Quoting Mercy&Grace
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    Parents have to make financial, medical and countless other decisions for their children. Often these decisions have to be made in a split second. If he is not able to make these decision concerning himself. He is unable to make them for his child. Does he have visitation that he exercises ?
    The OP has several threads about this young man. The mom got custody and then turned the children over to grandma. Dad had supervised visitation twice a week with grandma as the supervisor. Grandma got guardianship of the children and has been playing with dad's visitation.

  7. #7
    Join Date
    Feb 2020
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    Germany
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    7

    Default Re: Types of Guardianship

    Have the same problems.

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