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The Adult Public Guardianship program exists to safeguard the welfare of persons with disabilities. Public guardianship is a legal procedure in which the court determines if a person's ability to make health and safety decisions for themselves is significantly impaired by disease, accident or disability.
Disability refers mainly to a functional limitation in ordinary activity; incapacity for work concerns people who are unable to work because of a medical condition. Although the terms overlap, they are conceptually distinct. People can be disabled without being unable to work, and unable to work without being disabled.
Guardian of a person is the individual that is required to make healthcare, living and education decisions for the minor child. These may include providing food, clothing, housing and daily activities, such as taking a child to school or taking them to healthcare appointments.
A guardian is appointed for an adult if the court finds by clear, cogent and convincing evidence that a person alleged to be incompetent lacks sufficient capacity to manage his or her own affairs or to make or communicate important decisions about the person's self, family, or property.
In a guardianship for disabled adults in Illinois, a court formally adjudicates an individual mentally incompetent and appoints a legal guardian to be responsible for the personal and/or financial decisions of the mentally disabled individual.