Adult Guardianship in Illinois: When It's Needed and How It Works

Your father has advanced dementia. He never signed a power of attorney. He can't manage his finances, makes unsafe decisions, and recently gave $5,000 to a phone scammer. You need legal authority to protect him — but unlike a POA, this can't be done with a simple form at the kitchen table.

When a parent loses the ability to make safe decisions and has no existing legal documents granting authority to someone else, adult guardianship through probate court becomes the only remaining option. It works, but it's slow, expensive, and invasive — which is why prevention through POAs is always the better path.

When Guardianship Is the Only Option

Illinois courts appoint guardians when all of the following are true:

• The person (called the "ward") is unable to make responsible decisions about their personal care, medical treatment, or financial affairs due to mental deterioration, physical incapacity, or developmental disability
• No less restrictive alternative exists — no valid POA, no capable surrogate under the Health Care Surrogate Act, no other legal arrangement
• The person's safety, health, or financial security is at genuine risk without intervention

If your parent signed a Healthcare POA and a Property POA while they had capacity, guardianship is almost never needed. The POA agents already have the authority a guardian would receive — without court involvement.

The Probate Court Process

Adult guardianship in Illinois is governed by the Probate Act of 1975 (755 ILCS 5/11a). The process involves:

Filing a petition. A family member (or any interested party) files a petition in the probate court of the county where the disabled person resides. The petition must describe the alleged disability and explain why guardianship is necessary.

Medical evaluation. The court requires a physician's report confirming the person's incapacity. A licensed physician must examine the individual and provide a written assessment of their functional limitations and decision-making ability.

Court-appointed attorney. The court appoints an attorney (called the Guardian ad Litem) to represent the disabled person's interests in the proceeding — even if the family agrees on the outcome. The disabled person has the right to their own attorney as well.

Hearing. A probate judge conducts a hearing where evidence of incapacity is presented. The alleged disabled person has the right to attend, present evidence, and contest the petition. Family members may testify. The physician's report is entered into evidence.

Court order. If the judge finds sufficient evidence of disability, they appoint a guardian and issue Letters of Office specifying the guardian's authority and responsibilities.

The process typically takes 60 to 90 days from petition filing to court order, though contested cases can take significantly longer.

Types of Guardianship

Illinois recognizes two types, and the court may grant one or both:

Guardian of the Person — authority over personal and medical decisions: where the person lives, what medical treatment they receive, daily care arrangements, facility placement decisions.

Guardian of the Estate — authority over financial matters: managing bank accounts, paying bills, selling property, filing taxes, managing investments.

Courts prefer the least restrictive form necessary. If your parent can still make some decisions but not others, the court may grant limited guardianship that preserves specific rights (like the right to vote or choose social activities).

What It Costs

Guardianship is expensive. Typical costs in Illinois:

• Attorney fees for the petitioner: $3,000 to $10,000, depending on complexity and whether the petition is contested
• Guardian ad Litem fees (court-appointed attorney for the ward): paid from the ward's estate, typically $1,500 to $5,000
• Court costs and filing fees: $300 to $500
• Physician evaluation: $200 to $500

If siblings contest the guardianship, each party's attorney fees can push total costs well above $15,000.

Ongoing Obligations

Becoming a guardian isn't a one-time event. Illinois requires:

• Annual reports: Guardians of the person must file annual reports with the court describing the ward's physical condition, living situation, and care plan
• Annual accountings: Guardians of the estate must file detailed financial accountings showing all income, expenditures, and asset changes
• Court approval: Major decisions — selling real estate, changing residence, consenting to certain medical procedures — may require advance court approval
• Bond: The court may require the guardian to post a surety bond (paid from the ward's estate) to protect against financial mismanagement

Failure to file reports or accountings can result in the guardian being removed by the court.

Less Restrictive Alternatives

Before pursuing guardianship, consider whether any of these alternatives provide sufficient authority:

Power of Attorney — if your parent still has capacity (even intermittent lucidity), executing POA documents now avoids the entire guardianship process. The window may be narrower than you think.

Health Care Surrogate Act — Illinois law establishes a default decision-making hierarchy (spouse, adult children, parents, siblings) when no POA exists. This covers medical decisions but not financial management.

Representative payee — Social Security can appoint a representative payee to manage a parent's Social Security income without court guardianship.

The bottom line: guardianship exists for situations where all other options have been exhausted. It protects vulnerable adults, but at significant cost in time, money, and the ward's personal autonomy. Executing POAs before capacity is lost prevents the need entirely.

The Illinois Care Decision Toolkit covers the legal preparation process in detail — including POA execution, when to consult an elder law attorney, and how to coordinate legal authority with state care program applications.

See more Illinois guides →