Guardianships
Attorneys Helping You Gain Guardianship in Illinois
Lawyers focused on your child’s best interests
Often, it is necessary to ask a court to appoint a guardian for a minor when neither parent cannot care for that child. Any person who is at least 18, of sound mind and not adjudicated a disabled person under the law, and who has not been convicted of a felony and is found capable by the court of providing an active and suitable program of guardianship in Illinois for the minor is qualified to act as guardian of the person or the estate of a minor.
To appoint a guardian for a minor, a petition must be filed with the court requesting the appointment. Parents may also designate a person qualified to act as guardian for his or her child in any writing, including a will. This designation must be done in a very specific way, as set forth in the laws regarding guardianship in Illinois.
Your lawyer can help you sort out the difficult issues of guardianship, child custody (now known as allocation of parental responsibilities), child support, and parenting time. An attorney can also help you understand the pros and cons of legal separation versus divorce.
It may also be necessary to request a court to appoint a guardian for a disabled adult. The most common situation involves elderly individuals who, with the advancement of age, cannot care for themselves or their estate. After filing a petition, the court may establish guardianship in Illinois for the disabled adult and the estate.
Frequently Asked Questions on Guardianship in Illinois
What is guardianship in Illinois?
Guardianship is a court-appointed relationship in which one person, known as the guardian, is authorized to make decisions on behalf of another person, referred to as the ward, who is deemed legally incapacitated. This authority may include decisions regarding healthcare, finances, education, or living arrangements. Guardianship is governed by the Illinois Probate Act of 1975 (755 ILCS 5).
Who can be appointed as a guardian?
Any adult resident of the United States who is of sound mind and has no serious criminal convictions may be appointed as a guardian. In certain cases, institutions or public agencies may also serve as guardians. The court will assess the qualifications of the proposed guardian and may require background checks or training.
Who needs a guardian?
A guardian may be appointed for: – A minor without parental care – An adult with developmental disabilities, mental illness, or physical incapacities – Someone who cannot manage personal or financial affairs due to substance abuse or cognitive decline. The court must determine that the individual is legally “disabled” under Illinois law before appointing a guardian.
What types of guardianship exist in Illinois?
Illinois recognizes several types of guardianship:
Guardian of the Person – Makes decisions about healthcare, education, and living arrangements.
Guardian of the Estate – Manages financial affairs and property.
Plenary Guardianship – Holds full authority over the ward’s personal and financial decisions.
Limited Guardianship – Authority is restricted to specific areas, such as medical or educational decisions.
Temporary Guardianship – Grants short-term authority in emergencies.
How is guardianship established?
The process begins by filing a petition in the circuit court of the county where the alleged disabled person resides. A physician’s report confirming the disability is required. The court may appoint a guardian ad litem to represent the ward’s interests. A hearing is held, and the judge decides whether guardianship is necessary and what type is appropriate.
Can guardianship be modified or terminated?
Yes, guardianship can be modified if the ward’s condition changes or if the guardian is no longer suitable. It can be terminated if the ward regains capacity or upon the ward’s death. All changes must be approved by the court, and a hearing is typically required.
Our Lawyers Can Help You Through the Process of Obtaining Guardianship in Illinois
Our experienced lawyers can help you apply for guardianship of minors. For more information, email our guardianship attorneys at Gordon & Perlut, LLC, or call our Chicago office at 312.360.0250 or our Skokie office at 847.329.0101 for help.