Illinois Guardianship Law 2026 How to Protect Vulnerable Adults

Introduction

When a parent starts missing bills, getting lost on familiar streets, or saying yes to every stranger who calls, a family feels a mix of fear and guilt. Honoring a loved one's independence matters, but so does acknowledging troubling changes.  This guide on Illinois Guardianship Law 2026: How to Protect Vulnerable Adults grew out of conversations we have every week with families in that exact spot.

Guardianship brings legal rules and court hearings into an already emotional family crisis. The process can look cold from the outside, with forms, evaluations, and judges. In reality, when handled carefully, guardianship is one of the strongest tools Illinois offers to keep an adult safe while still honoring that person’s voice.

Under Illinois law, guardianship is a court process that gives a person or entity the power to make certain decisions for an adult who cannot make or communicate safe choices because of a mental, physical, or developmental condition.  Before a guardian is appointed, the adult is called the respondent. After appointment, they are referred to as  the ward, and the decision maker is the guardian.  Because guardianship takes away important rights, the court uses it only when the evidence shows that lesser steps are not enough.

According to guidance from the American Bar Association’s Commission on Law and Aging, guardianship should be a last resort, used only when less-restrictive supports cannot adequately keep the person safe.

In this article, we walk through the key parts of Illinois guardianship law as we expect to see it in 2026. We explain when guardianship is needed, the different types of guardianship orders, how the court process really works, and what rights the adult keeps even after a guardian is named. We also talk honestly about costs, warning signs of guardian abuse, and how our team at Voorn, Jaworski, & Preston, PLLC helps families protect vulnerable adults while still guarding dignity and independence. By the end, our goal is that families feel calmer, more informed, and ready to take the next right step for their loved one.

Key Takeaways

Before getting into details, it helps to see the big picture. These points summarize what families most often need to know when they first call our office about guardianship in Illinois. You can use them as a quick reference as you read the rest of this guide.

• Guardianship is not automatic just because someone has dementia, a mental illness, or a physical disability. The court looks at whether that condition truly blocks safe, responsible decisions. If the adult can still understand choices and communicate, the judge may refuse guardianship and ask the family to use other tools instead.

• Illinois guardianship orders can focus on personal care, money, or both, and they can be full (plenary) or limited. Judges try to leave as many rights with the adult as possible. That flexible structure allows the court to match the order to the person’s real abilities rather than using one rule for every case.

• The legal process includes medical evaluations, a Guardian ad Litem, and a formal hearing. During that process, the alleged disabled person has strong rights such as  access to a lawyer, a possible jury, and the chance to object. These protections exist so that guardianship is used only when the evidence truly supports it.

• Planning ahead can prevent gaps in care. Tools such as short term and standby guardianship help a trusted person step in quickly if the current decision maker becomes ill, dies, or cannot continue. Good planning often avoids frantic emergency court hearings.

• Even after a guardian is appointed, the ward keeps important rights. The adult can ask the court to change the guardian, narrow the order, or end it if things improve. Illinois law also gives the ward access to counseling and requires guardians to respect the person’s wishes whenever it is safe.

• Professional legal guidance protects both the vulnerable adult and the family. At Voorn, Jaworski, & Preston, PLLC, we help families decide whether guardianship is truly needed, guide them through the court steps, and provide ongoing support as circumstances evolve. That steady support often reduces conflict and helps everyone focus on the ward’s safety and quality of life.

What Is Guardianship Under Illinois Law and When Is It Necessary?

Guardianship in Illinois is a court-created relationship in which a judge gives one person legal power to make certain decisions for another adult. The adult at the center of the case is called the respondent during the case and the ward after guardianship is granted. The judge may give the guardian power over personal care, finances, or both, but only when clear proof shows the respondent cannot make or communicate responsible decisions in those areas.

The condition that causes the problem can be mental, physical, or developmental. Dementia, serious brain injury, intellectual disability, or severe mental illness are common examples. However, the diagnosis alone is not enough. Many people with those conditions still manage their lives with help from friends, family, or professionals and never need a guardian.

Illinois once used the harsh word incompetent and focused mostly on property control. Amendments to the Probate Act in 1979 changed that approach by replacing that label with disabled person and adding more protections for individual rights. Modern guardianship law tries to strike a better balance between safety and independence.

Because a guardianship order removes rights, courts treat it as a last resort. It is not meant for family convenience, punishment, or as a shortcut when relatives disagree with an elder’s choices. Judges expect families and lawyers to explore powers of attorney, supported decision making, and other options first, and to bring clinical evaluations that show why guardianship is truly needed.

Illinois courts often stress that the goal is to protect the person, not to control the person. Guardianship should go no further than the evidence supports.

The Legal Standard for Establishing Guardianship

To grant guardianship, an Illinois judge must find clear and convincing evidence that the person cannot make or communicate responsible decisions about personal care, finances, or both. This is a higher standard than the "more likely than not" threshold used in typical civil cases. It requires solid facts, not just family worry or disagreements about lifestyle.

In practice, judges look at whether the person:

• Understands basic information about health, money, and living needs 

• Can weigh risks and benefits of different choices 

• Can share a consistent decision, even if help is needed to communicate 

They compare medical records, a current physician report, and testimony from relatives or other witnesses. The court also considers whether help such as bill-pay services, in‑home support, or a power of attorney would be enough without removing rights. This careful review protects adults from having a guardian when they can still decide for themselves.

Alternatives to Guardianship That Should Be Explored First

Many families come to us believing guardianship is the only way to help a struggling adult. In reality, Illinois offers several less-restrictive tools that can provide support while leaving most legal rights in place. We always talk through these choices before we recommend filing a guardianship case.

• Health care and property powers of attorney let an adult choose a trusted agent while capacity still exists. The agent can talk with doctors, manage money, and sign paperwork if the adult later cannot do so alone. With strong powers of attorney in place, judges often find that a guardian is not needed.

• Representative payee arrangements for Social Security or certain benefit programs allow one person to receive checks and manage those funds for the beneficiary. This tool is limited to specific income but can solve many problems with unpaid bills or misuse of benefit money. It is far less intrusive than full financial guardianship.

• Supported decision making agreements put the adult at the center while naming helpers who can explain choices, attend meetings, and talk through options. The adult keeps final authority but gains a clear team for support. These agreements work best when paired with powers of attorney and are ideal for many people with developmental disabilities or mild cognitive issues.

• Special needs trusts and other trust structures manage larger sums for a person with a disability without giving direct control over the funds. A trustee handles spending under written rules, often protecting public benefit eligibility at the same time. For some families, a trust together with a health care power of attorney gives enough protection without a guardian.

Our firm reviews each family’s situation and uses these tools whenever they meet the adult’s safety needs. We suggest guardianship only when those lighter options cannot prevent serious harm.

Understanding the Different Types of Guardianship in Illinois

Once a court decides that some level of guardianship is necessary, the next question is what kind of guardianship makes sense. Illinois law does not rely on a single, all‑or‑nothing model. Instead, judges can limit a guardian’s authority to certain life areas and can shape the order to match the ward’s strengths. This structure helps protect safety while leaving as much control with the adult as possible.

Guardian of the Person vs Guardian of the Estate

A guardian of the person makes decisions about where the ward lives, what medical care the ward receives, and which services support daily life. That includes choices about:

• Doctors and other health providers 

• Medications and medical treatments 

• In‑home caregivers or nursing home placement 

• Education, recreation, and daily support services 

The guardian also helps with basic daily needs, always with an eye toward the ward’s comfort and expressed wishes.

A guardian of the estate handles money matters when the ward cannot manage them safely. This guardian:

• Collects income and benefits 

• Pays bills and taxes 

• Protects property and bank accounts 

• Follows court orders about investments or major purchases 

In some families, one relative fills both roles, while in others one person manages care and another manages finances. We often help families decide which path fits their skills and the ward’s circumstances.

Plenary Guardianship vs Limited Guardianship

Illinois also divides guardianship by how much power the guardian receives:

• A plenary guardian has broad authority in the areas the judge lists. 

• A limited guardian has only specific powers that the court writes into the order, and the ward keeps all other decision‑making rights.

State policy favors limited guardianship whenever it can keep the adult reasonably safe. For example, a person with a brain injury might handle day‑to‑day spending but struggle with complex medical decisions. In that case, the court might allow the ward to control personal spending while giving a limited guardian power to consent to surgery, long‑term care, or major financial moves. When we prepare cases, we study what the person can still do and ask the court for the narrowest order that still protects the ward.

Temporary and Emergency Guardianship for Immediate Protection

In serious emergencies, waiting for a full trial can leave an adult at risk. The Probate Act allows judges to appoint a temporary guardian for a period of up to sixty days, extendable to a total of 120 days. This step is used when there is clear danger such as medical neglect, financial exploitation, or a living situation that cannot safely continue. The temporary guardian’s powers are limited to what is necessary to deal with the emergency and bridge the time until the full guardianship hearing.

Standby Guardianship for Future Planning and Continuity of Care

Another important feature of Illinois guardianship law is standby guardianship. A standby guardian is a person the court approves ahead of time to step in if the current guardian dies, becomes disabled, or is otherwise unable to carry on. This tool brings peace of mind to parents caring for an adult child with disabilities and to spouses caring for a partner with serious illness.

To set up a standby guardian, the current guardian:

1. Files a petition that names the proposed standby 

2. Explains the relationship and why this person is a good choice 

3. Confirms the person is willing to serve 

The judge reviews this information and, if it meets legal standards, issues an order that names the standby. When a triggering event occurs, such as the death of the primary guardian, the standby files a notice with proof of that event and receives letters of office that confirm legal authority.

Standby guardianship avoids gaps in care and the stress of emergency court filings. It works especially well as part of a broader plan that may also include special needs trusts, powers of attorney, and updated estate planning. We regularly help families build this kind of safety net so that vulnerable adults stay protected even when life takes an unexpected turn.

The Legal Process for Appointing a Guardian in Illinois Step by Step

For many families, the idea of going to court feels intimidating. Guardianship cases involve medical records, formal notices, and hearings in front of a judge. Once people see the process broken into clear stages, it becomes far less overwhelming. Our role at Voorn, Jaworski, & Preston, PLLC is to guide clients through each step while keeping everyone informed about what will happen next.

Filing the Petition and Required Documentation

A guardianship case begins when an interested person files a petition for guardianship in the county where the respondent lives. An interested person is usually a family member, but it can also be a close friend, agency worker, or other person who cares about the adult’s welfare. The petition lists basic information such as the respondent’s name, address, date of birth, and close relatives.

Along with the petition, the court requires a current report from a doctor or other qualified professional.

That report:

• Describes the diagnosis 

• Explains how the condition affects the person’s ability to make decisions 

• Recommends which areas of life require help and what type of guardianship is needed 

Strong, detailed medical information often makes the difference between a smooth case and a contested one. In most counties, the court sets the initial hearing within about thirty days after filing. We work with physicians to prepare clear reports and file complete pleadings so the judge has the full picture.

The Role and Responsibilities of the Guardian ad Litem GAL

After a petition is filed, the judge usually appoints a Guardian ad Litem (GAL). The GAL is an attorney or trained professional who acts as the court’s eyes and ears. This person does not serve as the respondent’s personal lawyer but instead advises the judge about what seems to be in the respondent’s best interest.

The GAL typically:

• Meets with the respondent and explains their rights 

• Reviews medical and financial records 

• Talks with family members or care providers 

• Visits the respondent’s home or facility when appropriate 

After this review, the GAL prepares a written report and often speaks in court about whether guardianship is needed and, if so, what type. If the respondent disagrees with the GAL’s view or wants to contest the guardianship, the judge can appoint a separate attorney to argue for the respondent’s stated wishes. We respect the GAL’s role and work cooperatively while still standing firm for our client’s position.

The Court Hearing and Rights of the Respondent

The guardianship hearing usually takes place within about thirty days of filing, though complex or contested cases may take longer. Before the hearing, the respondent must receive a formal summons and a copy of the petition so that there is clear notice of what is being requested. Certain family members and other interested people are also entitled to notice.

At the hearing, the judge reviews the medical report, hears from witnesses, and considers the GAL’s recommendations. The respondent has the right to:

• Attend the hearing 

• Have an attorney 

• Ask for a jury 

• Present evidence and call witnesses 

• Cross‑examine the petitioner’s witnesses 

• Request an independent medical evaluation 

These rights give the respondent a real voice and help the court avoid rushed or unfair decisions. After weighing all of the evidence, the judge decides whether to deny the petition, grant a limited guardianship, or grant a plenary guardianship. Our attorneys prepare clients carefully for this day so that testimony is calm, honest, and focused on the respondent’s needs.

Who Can Serve as a Guardian and How Is the Guardian Selected

One common myth is that the oldest child or closest relative simply becomes guardian by default. In Illinois, that is not how the law works. Guardianship is a court appointment, and the judge chooses the person or agency who can best protect the disabled adult. Family ties matter, but they do not control the decision.

Legal Qualifications and Eligibility Criteria

To serve as a guardian for an adult in Illinois, a person must:

• Be at least eighteen years old 

• Be of sound mind 

• Have no serious criminal convictions 

• Be a legal resident of the United States 

In addition to individuals, certain public or private nonprofit agencies can serve as guardians, but an agency that provides residential services to the ward cannot also act as guardian. When we help families consider candidates, we look at both these legal rules and the practical demands of the job.

How Courts Determine the Most Suitable Guardian

When more than one person is willing to serve, the court focuses on what best serves the disabled adult. Judges take the respondent’s expressed preference seriously, but they are not required to follow it if that choice would put the person at risk.

The court also looks at each candidate’s:

• Relationship with the respondent 

• Track record of care and reliability 

• Ability to handle paperwork and court requirements 

• Possible conflicts of interest 

In some cases, a professional guardian or nonprofit agency may be a better fit than any family member, especially when relatives are in sharp conflict. If there is no suitable private guardian, the Office of the Public or State Guardian may step in as a guardian of last resort. Our firm often represents proposed guardians and family members during this selection stage and advocates for arrangements that are safe, realistic, and respectful of the respondent’s relationships.

Guardian Responsibilities and Court Oversight

A guardianship order is not a blank check. Once a guardian accepts the role, that person takes on serious legal duties and ongoing oversight from the court. The law expects guardians to support the ward’s independence when possible, make thoughtful decisions, and keep clear records that show how they carry out those duties.

Duties of a Guardian of the Person

A guardian of the person is responsible for the ward’s general care and comfort. That includes:

• Arranging medical appointments and authorizing treatments 

• Choosing safe and appropriate housing 

• Connecting the ward with services such as home care, therapy, or day programs 

• Monitoring daily needs like food, clothing, hygiene, and social contact 

The guardian must also visit regularly and stay informed about the ward’s daily life.  Guardians must file periodic reports with the court describing the ward's health, living situation, and services—usually annually, though some judges may extend that interval to every other year or every  three years. We counsel guardians to involve the ward in choices whenever possible and to document how they respect the ward’s preferences.

Duties of a Guardian of the Estate and Financial Accountability

A guardian of the estate manages the ward’s money and property. This guardian:

• Gathers income, benefits, and other funds 

• Protects bank accounts and investments 

• Pays bills, taxes, and insurance 

• Handles real estate and other major assets 

Soon after appointment, the guardian must file an inventory that lists all of the ward’s income and property with values, from financial accounts to real estate. On a regular schedule set by the court, the guardian files accountings that show every dollar received and every dollar spent. Judges review these documents and can question any transaction that appears unsafe or self‑serving. If a guardian misuses funds, the court can order repayment and may hold the guardian personally liable. Our firm helps estate guardians set up sound bookkeeping systems and prepares the reports needed to stay in full compliance.

Maximizing the Ward's Independence Within the Guardianship

Even when a guardian has broad authority, Illinois law continues to favor the ward’s independence. Guardians should encourage the ward to make choices about daily routines, friendships, hobbies, and other personal preferences whenever it is safe. Many decisions can be made together, with the guardian offering support and explanation rather than simply issuing orders.

The disability‑rights movement often uses the phrase “Nothing about us without us” to stress that people with disabilities should be involved in decisions about their own lives. That same idea guides good guardianship practice.

This approach protects dignity and often leads to better long‑term outcomes for both the ward and the family.

Rights Retained by Adults Under Guardianship in Illinois

Families sometimes fear that once a guardian is appointed, the ward loses every say in life. That is not the case under Illinois law. Even after guardianship, adults keep important rights, including the right to be heard and to ask for changes. 

The ward can file a petition to:

• Replace the guardian 

• Narrow the order 

• Terminate the guardianship if capacity has improved 

The judge then reviews current medical evidence and listens to the ward’s concerns and may appoint a GAL to investigate. 

 Illinois law also gives wards access to counseling. An adult under guardianship may attend up to twelve one‑hour counseling sessions each year without the guardian’s consent, as long as the ward pays for them. For more sessions, the guardian’s permission is needed.

Protecting Vulnerable Adults from Guardian Abuse and Misconduct

Most guardians take their duties seriously and care deeply about the adults they serve. Sadly, abuse and neglect can still occur, especially when one person holds a great deal of power over a vulnerable adult. Illinois law gives families, wards, and concerned professionals several tools to spot problems and bring them to the court’s attention.

The National Center on Elder Abuse has warned that financial exploitation is one of the most common forms of mistreatment for older adults who depend on others for help. Strong court oversight and active family involvement are key safeguards.

Recognizing Signs of Guardian Abuse or Neglect

Guardian abuse can be physical, emotional, or financial. Warning signs include:

• Unpaid bills even though the ward has money 

• Sudden changes in bank balances or property ownership 

• Pressure or influence on the ward

• Poor hygiene, lack of needed medical care, or unsafe living conditions 

• Isolation, such as a guardian blocking family visits or refusing to share basic information 

Staying involved, asking questions, and writing down concerns helps create a record if action becomes necessary.

How to Report Guardian Abuse Multiple Reporting Channels

Anyone who suspects abuse or neglect by a guardian has several ways to speak up:

• Contact the Guardian ad Litem (GAL) from the original case, if one was involved, and explain the concerns. The GAL can bring those concerns to the judge. 

• Hire an Attorney to petition the court for investigation, accounting, or removal of the guardian. 

• Reach out to advocacy groups, such as Equip for Equality or the Illinois Guardianship and Advocacy Commission at 866‑274‑8023, for guidance on next steps. 

• Call the Illinois Adult Protective Services Hotline at 1‑866‑800‑1409. Reports can be made anonymously.

When a report reaches the court, the judge can order the guardian to appear and may suspend the guardian’s authority while the matter is investigated. Our firm helps clients prepare clear reports and requests for court action when they see signs of harm.

Legal Remedies Removing or Replacing an Unfit Guardian

If a guardian is unfit, the court has power to remove that person and appoint someone new. A ward, family member, or other interested person can file a petition that outlines the abuse, neglect, or failure to perform duties. The judge reviews evidence, may hold a hearing, and can order immediate changes when safety demands fast action. In many cases, a successor guardian steps in so that the ward does not experience any gap in support. 

Modifying or Terminating Guardianship When Circumstances Change

Guardianship orders are based on the ward’s abilities at a certain point in time. Over the years, health, treatment, and support systems can change. Illinois law allows courts to adjust or even end guardianships so that protection does not stay broader than needed. This flexibility gives hope to adults who regain skills and to families who want the order to fit current reality.

When and How to Petition for Modification

Modification makes sense when the ward regains abilities, when a limited guardianship can replace a plenary one, or when the areas of decision making that need help have shifted. A ward, guardian, or any interested person can file a petition explaining what has changed and requesting modifications to better match the ward's current needs.

Updated medical reports or therapy notes often support these requests. The judge reviews the evidence, may hold a hearing, and then decides whether to grant a narrower or different guardianship. Our attorneys draft detailed petitions and gather evidence that clearly shows why a change is appropriate.

Terminating Guardianship Restoring Full Legal Rights

Termination is the process of ending guardianship entirely and restoring all legal rights to the adult. This step is appropriate when strong evidence shows that the person can once again make and communicate safe decisions without a guardian. A petition, medical report, and sometimes live testimony help the judge understand the current level of capacity. The court may end the guardianship or, if needed, leave a very limited order in place. We feel honored when we can help a former ward regain full control over personal and financial life.

The Costs of Guardianship in Illinois What to Expect Financially

Guardianship cases involve court filings, professional time, and ongoing reporting, so families need clear information about likely costs. While expense should not stop someone from seeking protection for a vulnerable adult, it does help to plan ahead. We discuss fees honestly at the start so clients understand what may be required and how the ward’s funds can help.

Breakdown of Guardianship Fees and Expenses

Most guardianship cases involve several types of expenses, such as:

• Court filing fees for the petition and related motions 

• Sheriff or Process Server fees for serving the summons on the respondent 

• Attorney fees for preparing documents, appearing in court, and advising the guardian 

• Guardian ad Litem fees, when a GAL is appointed 

• Medical or psychological evaluation charges for examinations and written reports 

• Accounting or bookkeeping fees if an estate guardian needs help preparing inventories and annual accountings 

Estate guardians must track these expenses carefully so they can be reviewed and approved by the court.

Who Pays for Guardianship Proceedings

At the outset, the person who files the case normally pays the costs. If the alleged disabled person has enough money or property, the court often allows those funds to reimburse reasonable fees once a guardian is in place. Any use of the ward’s assets for legal costs must receive court approval and must be documented in accountings.

When families have limited means, we try to structure work in stages and talk through payment options so that cost does not keep a vulnerable adult from needed protection.

How Voorn, Jaworski, & Preston, PLLC Helps Families Navigate Illinois Guardianship Law

Guardianship cases mix legal rules with deep family emotions, and no two situations look the same. At Voorn, Jaworski, & Preston, PLLC, we focus our elder law practice on guiding Illinois families through these exact challenges. The same themes shape our work on Illinois Guardianship Law 2026: How to Protect Vulnerable Adults. Our goal is to protect vulnerable adults from harm while keeping clients informed and involved at every step.

Our Comprehensive Guardianship and Elder Law Services

We handle the full range of guardianship and elder law work. Our attorneys:

• Help clients decide whether to seek guardianship or use a less restrictive option if appropriate

• Prepare and file petitions and supporting documents 

• Represent proposed guardians and other interested persons in court 

• Advise on contesting or modifying a guardianship 

• Draft standby guardianship arrangements and integrate them with estate plans, and special needs trusts

• Move quickly in court when there are warning signs of abuse, and, when needed, start fiduciary or probate litigation 

Because we also handle real estate, business, and probate matters, we can address connected issues under one roof.

Why Families Choose Our Firm for Guardianship Matters

Families choose our firm because we listen first. We take time to learn about the ward’s history, strengths, and daily life rather than forcing every case into the same mold. Clients tell us they value our plain‑language explanations and regular updates, which make a confusing process feel manageable.

Our lawyers appear in Illinois probate courts on a regular basis and know how local judges approach guardianship questions. We use that knowledge to prepare clear evidence and to propose orders that fit the person instead of going further than needed. Above all, we see guardianship work as a way to protect dignity as well as safety. Whether we represent a proposed guardian, a ward, or other family members, we stay accessible, return calls, and push for outcomes that keep vulnerable adults as safe and independent as their condition allows.

Conclusion

Illinois guardianship law brings together medical facts, family history, and careful court oversight. For families caring for an aging parent, a spouse with dementia, or an adult child with a developmental disability, it can feel like one more heavy burden during an already stressful time. Understanding how guardianship works in Illinois, and how it may look in 2026 and beyond, turns that burden into a series of clear choices.

The law offers many tools, from limited and plenary guardianship to standby appointments and temporary protection for emergencies. It also keeps strong rights in place for the person with a disability, and allows changes when health improves. Used wisely and only when other options fall short, guardianship can protect a vulnerable adult from abuse or neglect while still honoring that person’s voice.

At Voorn, Jaworski, & Preston, PLLC, we are committed to walking beside families through these decisions. We explain options in plain terms, help decide whether guardianship is truly needed, and build court orders that match the individual rather than taking control away without cause. If a loved one in Illinois may need protection, we invite you to contact us to schedule a consultation. Together we can design a plan that supports safety, preserves dignity, and gives your family greater peace of mind.

FAQs

Is guardianship permanent, or can it be changed later?

Guardianship is not always permanent. Illinois courts can modify a guardianship to give the ward more control or can end the order entirely if the ward regains the ability to make and communicate safe decisions. A ward, guardian, or other interested person may ask the court for these changes. The judge then reviews new medical evidence and testimony before ruling. You can read more in the section on modifying or terminating guardianship.

What is the difference between guardianship and power of attorney?

A power of attorney is a document an adult signs while still capable that names an agent to handle health care and/or financial matters. It is private and does not involve a judge unless there is a dispute. Guardianship is a court process used when someone already lacks capacity and cannot sign a power of attorney. In many cases, strong powers of attorney drafted through our estate planning practice prevent the need for guardianship later.

Can I become the guardian for my aging parent in Illinois?

Adult children can often serve as guardians for a parent in Illinois, as long as they meet the basic legal requirements and are willing to take on the work. The court still decides whether guardianship is appropriate and, if so, who should be appointed. Judges look at the parent’s best interest, not just birth order or family expectations. We can review your situation and help you decide whether guardianship or a less‑restrictive step makes more sense.

How long does the guardianship process typically take in Illinois?

Many uncontested guardianship cases reach a first court hearing within about thirty days after filing the petition. Cases with disputes, missing records, or many witnesses can take longer. Temporary guardianship is available when there is urgent risk and the family cannot safely wait for a full trial. Our firm moves quickly while still gathering the medical and financial information needed for the judge to make a sound decision.

What happens if the guardian I appointed can no longer serve?

If a guardian can no longer serve, Illinois law offers several safety nets. Families can ask the court to appoint a successor guardian, either a person or an approved agency. Standby guardianship allows a backup guardian to be chosen in advance so that this change happens smoothly when needed. The standby files a notice with the court and receives legal authority without a long delay. We often include standby plans as part of long‑term disability planning.

How much does it cost to establish guardianship in Illinois?

Costs vary with the facts of each case, but most families should expect filing fees, attorney fees, Guardian ad Litem fees, and medical evaluation charges. If the ward has enough assets, the court often allows those funds to pay many of these expenses if approved by the court. Contested cases with multiple hearings usually cost more than simple, agreed cases. During an initial consultation, we outline likely cost ranges based on your situation and explain how fees would be handled.