Legal Question in Elder Law in Illinois

If you undergo a court process to be named as his guardian, that is a court order that protects you but puts you in a fiduciary position. As long as you make sure the institutions or providers understand that you are not the guarantors but only legal guardians, and don't go beyond your authority, then it will be your father-in-law's health, etc. benefits, if any, they will look to -- you're just signing because he can't and the court says somebody needs to. But that doesn't mean you can sign up for things that his benefits don't pay for. As a fiduciary you must also take care of his funds and resources because you're being put in his place. So you can't just sign him up for the Ritz if his benefits won't cover it. Can a provider contend you are the guarantors? Sure but that's why you always present your guardianship papers before proceeding. There's always a risk things can go wrong, but unless you are draining his estate or unless you personally assume his obligations (they remain his under a guardianship but assumption can happen by accident if you're not properly instructed in these matters) you could expose yourself to responsibility. That's why you will want the guardianship order of court protection for yourselves. SO t's time to get an attorney to handle things properly to make sure you are protected. It's not wrong to be careful when you are doing a good thing for a loved one; hopefully it's not him you need worry about -- it's everyone else..... GOOD LUCK!

Mr. Messutta is right. If you become your father's Guardian, be sure that you only sign for items as such Guardian and not as a co-guarantor. However, in Illinois, you can become the Guardian of one's person (in order to make health care decisions) and NOT the Guardian of one's Estate (in order to make decisions regarding assets) -- if your father-in-law can still make such financial decisions on his own. Feel free to call me to talk about your options. I won't charge for the phone call.