Contested Guardianship in Illinois

Uncontested guardianship in Illinois is a structured but relatively straightforward process — a petition, a physician's report, a GAL recommendation, and a brief hearing. When a sibling, the proposed ward, or another interested party objects, the case turns into an adversarial legal proceeding that can drag on for months, cost tens of thousands of dollars, and leave the family fractured.

What Makes a Guardianship Contested

A guardianship becomes contested when any interested party files an objection. The most common scenarios:

Sibling disagreement over who should be guardian. Two or more adult children each believe they're the right person to manage the parent's care or finances. The sibling who lives closest often assumes they'll be appointed, but a sibling with financial expertise may argue they're better suited for estate guardianship, while a sibling with healthcare experience claims they should handle personal care decisions.

The proposed ward objects. Your parent has the right to oppose the guardianship petition — even if a physician's report documents cognitive impairment. The court takes this seriously. A parent who says "I don't want a guardian" triggers a more thorough proceeding, even when everyone agrees they need one.

Allegations of unfitness or conflict of interest. A family member alleges that the proposed guardian has a history of financial irresponsibility, substance abuse, a criminal record, or a financial conflict of interest — such as being named in a financial exploitation investigation.

Disagreement over whether guardianship is necessary. A relative argues that less restrictive alternatives exist — a power of attorney, a supported decision-making agreement, or a representative payee — and that guardianship is more restrictive than the situation requires.

The Guardian ad Litem's Role in Contested Cases

The GAL becomes significantly more important in a contested proceeding. The GAL still visits the parent, explains the petition and the parent's rights, interviews the proposed guardian, inspects the living arrangement, reviews medical records, and files a written report. In a contested case, that report may also address the objections and disputed evidence:

• Interviewing parties who have filed objections
• Investigating allegations relevant to whether guardianship is necessary and the proposed guardian is suitable
• Addressing disputed medical evidence in the report or through experts appointed by the court
• Recommending whether guardianship is necessary and whether the proposed guardian is suitable

The GAL's recommendation carries substantial weight with the judge, but it's not binding. In a contested case, the GAL essentially becomes the court's independent investigator — they're not an advocate for either side.

In Cook County, GAL fees are reported at $200 to $400. Fees can vary by county and complexity, and contested matters may cost more. Ask the probate court how the fee will be allocated, particularly if the proposed ward's estate is limited.

The Right to a Jury Trial

Under Illinois law, the proposed ward has the right to demand a six-person jury trial on the question of whether they're a "person with a disability" as defined by the Probate Act. The jury decides the factual question of disability; the judge then decides who to appoint as guardian.

Jury trials are rare in guardianship cases, but they happen — particularly when the proposed ward has their own attorney and the medical evidence is ambiguous (early-stage dementia with fluctuating capacity, for example).

Timeline: How Long Contested Cases Take

Uncontested guardianships in Illinois typically resolve in 60 to 90 days from filing. Contested cases are a different world:

• Simple objection (one sibling wants to be guardian instead): 60 to 120 days, often resolved through mediation or a negotiated co-guardianship arrangement
• Disputed disability (the ward or their attorney challenges the medical evidence): 90 to 180 days, with possible independent medical evaluations and expert testimony
• Complex multi-party dispute (multiple objectors, allegations of abuse, competing petitions): 6 to 12 months or longer, with multiple hearings, discovery, depositions, and potentially a trial

During this entire period, nobody has legal authority over the parent unless the court grants emergency guardianship — an initial 60-day order for situations involving immediate danger to the person or their estate, with a possible single extension that cannot exceed 120 days from the original appointment date.

The Cost

Attorney fees for contested guardianship in Illinois commonly range from $5,000 to $15,000 per party for moderately contested cases, and can exceed $25,000 for cases that go to trial. Factor in the GAL's fees, potential expert witness costs, and filing/service fees, and a family can spend $30,000 to $50,000 litigating who gets to manage a parent's care. Ask how each cost will be allocated before proceeding.

What the Court Considers

When multiple parties seek appointment, the judge evaluates:

• Which proposed guardian has the closest relationship with the ward
• Who has the most relevant experience (financial management for estate, healthcare knowledge for personal care)
• Geographic proximity to the ward
• The ward's own stated preferences (if they can express them)
• Whether any proposed guardian has conflicts of interest
• The GAL's recommendation

The court can also appoint separate guardians for the person and the estate — giving one sibling responsibility for care decisions and another for financial management. And the court can appoint a professional or corporate guardian if no family member is suitable.

The Illinois Power of Attorney & Guardianship Kit walks through both the uncontested and contested pathways, including what to expect at each stage and how to document your qualifications as proposed guardian. Getting the POA signed before capacity is lost avoids the entire contest — that's the real takeaway.

See more Illinois guides →