How to File a Guardianship Petition in Illinois

Your parent can no longer manage their own affairs, and they never signed a power of attorney. For authority beyond the Health Care Surrogate Act's limited clinical fallback, the path to decision-making authority is petitioning the probate court for guardianship under the Probate Act of 1975 (755 ILCS 5/Article XIa). The process is more structured than most families expect — missing a single step can delay your hearing by weeks.

Step 1: Get the Physician's Report

Before you file anything with the court, you need a completed physician's report documenting your parent's disability. This is a strict statutory requirement under 755 ILCS 5/11a-9, and the court will not schedule a hearing without it.

The report must include:

• The nature and severity of the parent's cognitive or physical disability
• A description of their mental and physical functioning
• Whether they need a guardian and in what capacity (person, estate, or both)
• A recommendation for residential placement
• The physician's medical license number and signature

Critical timing rule: The physician's report must be dated within three months of filing the petition. If your parent was evaluated four months ago, that report is already inadmissible — you'll need a new examination.

Schedule the evaluation with your parent's primary care physician or a geriatric psychiatrist. Ask the doctor specifically to address whether your parent can understand the consequences of their decisions and manage their own finances. General statements like "patient has dementia" aren't sufficient.

Step 2: Complete the Petition

The formal document is titled "Petition for Appointment of Guardian for a Person with a Disability." You'll also need a county-specific Probate Division Cover Sheet. Each county has its own version — Cook County's forms are available through the Clerk of the Circuit Court's website or the self-help desk at the Daley Center (50 W. Washington).

The petition requires:

• Your parent's full legal name, date of birth, and current address
• An estimate of the gross value of their personal estate, real estate, and annual income (Social Security, pensions, investments)
• The names and mailing addresses of all nearest relatives — prioritizing spouse and adult children
• Your name, age, occupation, relationship, and qualifications as proposed guardian
• A statement of what less restrictive alternatives you considered (powers of attorney, supported decision-making) and why they're insufficient

The estate value matters because the court uses it to set the guardian's surety bond.

Step 3: File Through eFileIL

All Illinois courts require electronic filing through the statewide eFileIL portal. You'll create an account, select the county and case type (Probate — Guardianship), upload the petition, cover sheet, and physician's report, and pay the filing fee.

Filing fees vary by county and guardianship type — person-only petitions start around $50, estate guardianships at $70 for estates under $15,000, scaling up for larger estates. If you can't afford the fee, file a Supreme Court Rule 298 Application for Waiver of Court Fees along with your petition.

In Cook County specifically, the case will be assigned to the Probate Division at the Daley Center. You'll receive a case number, courtroom assignment, and initial hearing date — which must be scheduled within 30 days of filing.

Step 4: Serve the Respondent and Notify Relatives

Two separate notice requirements:

Personal service on your parent: The petition and a formal summons must be served on your parent at least 14 days before the hearing. This must be performed by the county sheriff or an authorized private process server — you cannot serve it yourself. In Cook County, the Sheriff's Civil Process Division handles this; in other counties, contact the county sheriff's office directly.

Written notice to relatives: Every nearest relative listed in the petition must receive written notice of the hearing at least 14 days in advance, by mail or in-person delivery. File proof of service for all parties with the circuit clerk before the hearing date.

Step 5: The Guardian ad Litem

After filing, the judge appoints a Guardian ad Litem (GAL) — typically an independent attorney whose job is to protect your parent's interests. The GAL will:

• Visit your parent and explain what the petition means
• Inform them of their rights, including the right to object, request a different guardian, or demand a jury trial
• Interview you as the proposed guardian
• Inspect the living arrangement and review medical records
• File a written recommendation with the court

The GAL's fees are a separate court cost; ask the probate court how they will be allocated, particularly if the estate is minimal.

Step 6: The Hearing

If the petition is uncontested and the medical evidence is clear, the hearing is typically brief. The judge reviews the physician's report, hears the GAL's recommendation, and asks you about your plan for the ward's care and finances.

Your parent has an absolute right to attend. If they're physically unable, the court can conduct the hearing at their facility via video or in person.

If the judge is satisfied, they sign the Order Appointing Guardian and the clerk issues Letters of Office — the document you'll present to banks, doctors, and agencies as proof of your authority.

The Illinois Power of Attorney & Guardianship Kit includes a filing checklist, timeline tracker, and the ongoing compliance requirements you'll face after appointment — including the annual reporting obligations that catch many new guardians off guard.

See more Illinois guides →