Task Force Findings 1. The failure to appoint a guardian when one is needed hinders the ability of individuals to receive appropriate services and achieve a reasonably adequate quality of life. It also imposes unnecessary burdens on relatives, friends, government, and private entities. The inappropriate use of guardians, particularly when an individual has serious functional limitations but no decisional impairment, imposes unnecessary burdens on the court system and other government and private entities, and interferes with the autonomy of Illinois citizens. The unnecessary use of plenary rather than limited guardians also interferes with the autonomy of Illinois citizens. The statutory definition for appointing a guardian sometimes contributes to the unnecessary appointment of a plenary guardian because it does not focus sufficiently on the capacity of the respondent to make and communicate specific decisions. While many judges adhere to a clear and convincing standard of proof, there is no explicit standard in the Illinois guardianship statute and some confusion about the presence of any such standard in related case law. Courts are often not provided with sufficient detailed information concerning the decision-making capacities of the respondent. Instead, courts are often provided with information about physical or other impairments, requiring other types of assistance, but not requiring the appointment of a guardian, or only requiring the appointment of a limited rather than a plenary guardian. Many of the written physician reports which accompany guardianship petitions fail to provide the court with sufficient detailed information concerning the specific decision-making capacities of the respondent. The current guardianship ad litem system often does not fulfill its function of assisting the court to make accurate decisions because courts are not required to appoint a GAL; therefore, one is often not appointed in cases involving guardianship of the person, particularly when the party is indigent;
Task Force Findings 1. The failure to appoint a guardian when one is needed hinders the ability of individuals to receive appropriate services and achieve a reasonably adequate quality of life. It also imposes unnecessary burdens on relatives, friends, government, and private entities. The inappropriate use of guardians, particularly when an individual has serious functional limitations but no decisional impairment, imposes unnecessary burdens on the court system and other government and private entities, and interferes with the autonomy of Illinois citizens. The unnecessary use of plenary rather than limited guardians also interferes with the autonomy of Illinois citizens. The statutory definition for appointing a guardian sometimes contributes to the unnecessary appointment of a plenary guardian because it does not focus sufficiently on the capacity of the respondent to make and communicate specific decisions. While many judges adhere to a clear and convincing standard of proof, there is no explicit standard in the Illinois guardianship statute and some confusion about the presence of any such standard in related case law. Courts are often not provided with sufficient detailed information concerning the decision-making capacities of the respondent. Instead, courts are often provided with information about physical or other impairments, requiring other types of assistance, but not requiring the appointment of a guardian, or only requiring the appointment of a limited rather than a plenary guardian. Many of the written physician reports which accompany guardianship petitions fail to provide the court with sufficient detailed information concerning the specific decision-making capacities of the respondent. The current guardianship ad litem system often does not fulfill its function of assisting the court to make accurate decisions because courts are not required to appoint a GAL; therefore, one is often not appointed in cases involving guardianship of the person, particularly when the party is indigent;
Guardianship-Reform-Project-Final-Report.docx