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Caring for an elderly family member often comes with tough decisions about health, safety, and legal protection. We understand how overwhelming this can be, especially when your loved one begins to lose the ability to make sound decisions. In Illinois, a guardianship may be needed when an elderly adult can’t manage personal care, finances, or medical decisions independently and hasn’t made proactive disability planning arrangements.
When a person is incapable of making their own decisions, and does not have appropriate or sufficient power of attorney instruments in place, establishing a guardianship through the court can ensure that your loved one has someone legally authorized to act in their best interest. It also provides peace of mind for family members, knowing that a responsible guardian is overseeing every aspect of their care.
Guardianship is not a decision we take lightly. It involves legal proceedings governed by Illinois statutes (755 ILCS 5/11a-1 et seq.) and requires proof that the individual is “disabled,” meaning unable to receive and evaluate information or make responsible decisions. We work with families to weigh alternatives—such as powers of attorney or healthcare directives—before pursuing guardianship. When those alternatives fall short, formal guardianship becomes a reliable way to protect vulnerable loved ones while ensuring their rights are respected.
Guardianship may be the appropriate option when your loved one consistently exhibits signs of cognitive decline or inability to manage daily affairs. Examples include: forgetting to pay bills, falling prey to financial scams, failing to adhere to prescribed medications, or failing to coordinate their own medical care . Under Illinois law, the court must determine that the person is unable to function in a way that prevents them from safely caring for themselves or their finances. The court’s determination may consider a variety of evidence. First and foremost, among these is a recent signed opinion by a treating medical provider.
Illinois allows for two main types of adult guardianships:
In many cases, both plenary guardianship of the person and plenary guardianship of the estate are necessary. Whenever possible though, we aim for limited guardianships that restrict powers to what is truly needed. This respects the elder’s autonomy while ensuring protection in critical areas and conforms to the statutory intentions of the Illinois Probate Act on guardianship.
A full guardianship, called a plenary guardianship, is appropriate only when no other valid option will adequately protect and address the needs of a family member with a disability. Where a guardianship is necessary, but a full guardianship is not appropriate, the statute provides for limited guardianship. Before seeking guardianship, reviewing with a professional all available less restrictive options is a wise and appropriate measure. Illinois law facilitates instruments like powers of attorney for financial or healthcare decisions, which allow your loved one to appoint someone they trust to act on their behalf when they still have capacity. Illinois law also supports supportive decision-maker agreements as an alternative to guardianship. These tools are far less intrusive and can prevent needless court involvement. We help families determine the suitability of these documents for their situations and to complete the documents properly.
If guardianship is appropriate, the process begins with a legal petition to the court (755 ILCS 5/11a-2), followed by proper service on respondent (i.e. the proposed ward) and legal notices to any interested parties. The court will require a medical report from a licensed physician, along with evaluations of the person’s living situation, finances, and decision-making ability. A guardian ad litem is appointed by the court to investigate the merits of the petition and to speak with respondent. A guardian ad litem can be waived by the court for good cause shown.
A hearing will be set where all participants to present evidence. If respondent is present and consents to guardianship, the hearing is often quite short. If respondent objects to guardianship, respondent will be appointed an attorney to represent them prior to a hearing. If guardianship is granted, the court issues Letters of Guardianship detailing the powers and responsibilities of the guardian, and requires annual reporting to ensure accountability.
The responsibilities of a guardian are numerous. A guardian of the estate has a fiduciary duty to act in the ward’s best interest. This includes maintaining detailed records, filing annual reports with the court, and securing court approval for major financial transactions. Guardians of the person must choose appropriate living arrangements, make healthcare decisions, and involve the ward in decisions whenever possible.
Once appointed, we arm our clients with a lengthy overview of their responsibilities and a summary of the limitations on their authority. Online resources to learn more about the a guardian’s responsibilities include the Illinois Guardianship Association and the Illinois State Bar Association. Failure to meet the statutory responsibilities of serving as a guardian can result in court intervention and removal under 755 ILCS 5/11a-24.
Circumstances change. Illinois law requires courts to review guardianships periodically, usually annually to tri-annually. If the ward’s condition improves, guardianship can be reduced or terminated through a petition we can assist with. Regular reviews ensure that guardianship remains the right solution, tailored to current needs.
The court requires not only proof that the person has a “disability” but also, per 755 ILCS 5/11a-2, a finding that because of said disability the person is not fully able to manage their own personal or financial aspects of life, and that there is no lesser alternative available other that a court supervised guardianship.
Yes. If your loved one understands and voluntarily signs a financial or healthcare power of attorney, we can help implement that instead. It’s less restrictive and can avoid court intervention—but it only works while the person has capacity to consent. If your loved one already has a power of attorney signed, we can advise as to its sufficiency and agent the agent in the performance of their decision-maker role
Not always. You can obtain either a person, an estate, or both types of guardianship based on what your loved one needs. Illinois courts favor limited guardianships to preserve as much personal autonomy as possible.
Costs include filing fees, attorney fees, and sometimes guardian ad litem fees. Uncontested guardianships can be done in as little as one or two court appearances. Costs will vary greatly depending on whether there are disagreements about the need for a guardian or disagreements over who should be the guardian.
Yes. The proposed ward has the right to contest during the hearing, to close the hearing to the public, to request a jury, to present evidence, and to have an attorney appointed or select their own representative.
If a guardian misuses funds or neglects their responsibilities, interested parties may file a petition under 755 ILCS 5/11a-24 to remove them. The court can order restitution, replacement, or other corrective actions to protect the ward.
Deciding on guardianship is a significant step. We are here to guide you through every stage—from initial analysis to court hearings and ongoing oversight.
With offices in Lombard and Joliet we serve families across Chicago and Illinois including the counties of DuPage, Will, Kane, Dekalb, and Grundy. Contact our Will County guardianship attorneys at SBK Law Group today at 630-427-4407 to schedule your consultation. Let’s discuss your situation and determine whether guardianship is the right solution to protect and support your aging loved one.
