Can I sign Gauardianship of my 19 year old to my parents for medical/school purposes?

Full question:

My daughter is 18, almost 19. My question is can I give up guardianship to my parents who live in Illinois. We are hoping she will get in-state tuition there. Also we are looking at her losing our tricare health benefits soon. She has type one diabetes. Our income is too much to qualify her for medicaid but if she is claimed by my family and they have guardianship will she be eligible for benefits while living with them. She wants to go to college but because of health issues will take longer than the traditional student and she will be without coverage. Also, would we be left with any rights?

Answer:

It is possible to give someone a power of attorney that grants temporary guardianship of a minor. However, under Illinois law, a person becomes an adult at the age of 18. In order to create a guardianship for an adult, there is a court process of appointment, which requires
finding that the adult lacks capacity to manage themself or his/her affairs.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To obtain guardianship of someone over 18 in Illinois, you must file a petition in court. You need to demonstrate that the individual is unable to manage their personal or financial affairs due to a disability. The court will hold a hearing to evaluate the evidence and determine if guardianship is necessary. If granted, the guardian will have legal authority to make decisions on behalf of the adult.