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;
It’s a very hard concept for the Latino community to accept. So far I’ve not gotten anyone to recognize the need for guardianship.” Chicago service provider “I’m the only social worker in the hospital on the geriatric unit, and guardianship is a big issue for geriatrics with dementia and inability to make decisions.” Springfield service provider “I work with Catholic Charities. I do guardianship work for 41 elderly developmentally disabled and mentally ill individuals. And we only take people where there are no family or anyone else to accept guardianship. We also have a program that actually does the court process, taking people through the court process to get guardianship for their family member or for a person in need.” Springfield service provider “We have people that come into the hospital that cannot make decisions for themselves and no family available, or there is family available but we can’t discharge the patient, we can’t do anything with them until they’re sent a decision about guardianship.” Springfield service provider “I service five counties and deal with persons that are 85 years or older that have no family. And I’m in court on a weekly basis for guardianship, either for continuing the guardianship or applying for emergency service.” Springfield service provider 2. Goals of the system Participants in Chicago and Springfield discussed what they felt the goals of the guardianship system should be. Not surprisingly, safety of the client was mentioned regularly. “Medical safety too…The guardian usually makes sure medications are bought, medications are given, those types of things.” Chicago service provider “I would see a key goal as assuring that someone was making life decisions based on competent, sound advice being provided to them.” Springfield service provider “Guaranteeing the safety and long-term security of the individual.” Springfield service provider “That the senior doesn’t remain in an abusive situation. When they’re not capable of making their own decisions and, you know, there’s been not even an appointed caregiver but an informal caregiver…It’s oftentimes children that are making very, very bad decisions for this person. I mean you need a substitute decision-maker just for the personal safety of it.” Chicago service provider
the person had money to give the nursing home $60 a day for a month - incredible kinds of things go on, you just can’t understand how it’s a part of our process.” Springfield service provider “[The Public Guardian] is an appointed position, political appointment. They do not have to know anything…the one in Washington County is a contractor.” Springfield service provider “There’s no training, there are no guidelines, there is no supervision of the county guardians.” Springfield service provider “We just did a contested guardianship with an abuser, and the end bill was $28,000. I mean that was a person fighting us on the situation. And one where we just go through, nobody’s fighting us except for the senior themselves saying, ‘I don’t want a guardian,’ and they have the right to contest. Those [cases] are running us between seven and eight thousand dollars.” Chicago service provider “…But now he takes contested cases much more seriously, which is great, but it has driven up our costs four times for the petitioner-- instead of it costing $800 it costs $2,000, and that’s been a huge problem for us. So a lot of people who we thought needed guardianship, they haven’t gotten it.” Springfield service provider “There’s some great private agencies that handle guardianship cases. They’re wonderful people, they get the job done, but their fee is quite a bit, too.” Chicago service provider “And just the cost of going through the guardianship process alone for that family member, whether they’re really interested in being the guardian or not, a lot of times that amount of money is just cost-prohibitive for them; they can’t do it.” Chicago service provider Springfield participants discussed problems with the cost involved in designating a successor guardian. “I think they could make it easier in terms of once guardianship has been established to transfer it over without it costing again and going through the whole process…identify someone. Even if it was just a paper filing…that would be more affordable.” Springfield service provider “The case managers are not given a lot of authority right now…they’re told to do a certain job, but they don’t have the guardianship status…or we have case loads of 200 people…Case managers are usually the least paid people on the tier of services.” Chicago service provider
“My experience [is]…the community mental health centers being the payee. That seems to have worked well for many of the clients that I have…. it ensures that they have some place to live and see that they have food in the house…” Springfield service provider Although payees were seen as a good alternative to the guardianship process, resources are an issue. “We’d love to say we’ll get you a representative payee, and we have had to access that far more successfully in the last couple years. But we don’t have the support mechanism in the community that would allow us to utilize that versus getting a guardianship.” Springfield service provider Assisted living communities where persons (primarily senior citizens) could live were suggested as another alternative to guardianship. “One of the things the elderly population could benefit from were assisted living communities where Public Aid picked up because that’s going to be a much more economical use of resources preserving dignity and allowing independence.” Springfield service provider “If there were more money for…structured residential segments where people that live in a community…don’t necessarily need guardians. If they had more support systems, you might be able to do without guardianship for a lot of people.” Springfield service provider Having qualified personal attendants care for persons needing assistance in daily living activities was seen as another alternative to guardianship. “If they could just have a PA [personal assistant] or something in their apartment to help them get along outside, they don’t have to be in a nursing home… Springfield service provider “We have services that provide PAs if they’re qualified, but they’re only allowed up to a maximum nine hours a day.” Springfield service provider The idea of having Skills Trainers be available to provide living assistance to persons in need instead of guardianship was also discussed. “We have someone called a skills trainer who goes into the home and helps people…They only work 15 hours a week and only work with so many people in that amount of time.” Springfield service provider