The Office of State Guardian advocates for the rights of over 5,300 disabled adults in Illinois. By law, the Office of State Guardian serves as guardian only when no other person is suitable and willing to serve. With nine regional offices, the State Guardian is active in virtually every county in Illinois. This short article will give help parents of disabled children understand the process of establishing guardianship of adult children. Under Illinois law, a person who is 18 years or older is presumed to be an adult, regardless of physical and/or mental capabilities.
While these laws are rarely enforced, there has been speculation that states may begin dusting them off as a way to save on Medicaid expenses. These laws, called filial responsibility laws, obligate adult children to provide necessities like food, clothing, housing, and medical attention for their indigent parents. A Practitioner's Guide To Adult Guardianship In Illinois A Practitioner's Guide To Adult Guardianship In Illinois. A PRACTITIONER’S GUIDE TO ADULT GUARDIANSHIP IN ILLINOIS is a collaborative effort of the staff of the Office of State Guardian of the Illinois Guardianship and Advocacy Commission, a .
In other words, it is not the mere fact that the adult child has a disability that triggers a parent’s ongoing duty to provide support. Rather, it is the fact that the child cannot support himself independently due to an existing disability that imposes the legal obligation on a parent to ensure support is available. Most states have laws which allow parents to continue health plan coverage for their disabled adult children, even past the point at which a child’s eligibility for dependent coverage would normally terminate because of their age. California law, for example, allows coverage to continue if the disabled child can’t support him or herself by.