Disabled Adult Guardianships In Illinois

Illinois provides protection for disabled adults through the well-defined disabled adult guardianship laws. Guardians can be appointed in Illinois when an adult is unable to fully manage their property, handle their finances and when they are unable to care for themselves on a day to day basis. Most of us do not think twice about paying our monthly bills, maintaining our cars, going to the grocery store, etc., but there are many adults who need help with these basic life decisions.

Is a Disabled Adult Guardianship Needed for a Friend or Family Member?

How Do I Start the Illinois Adult Guardianship Process?

Petition the Court and Serve the Alleged Disabled Person

What Type of Adult Guardianship is Needed?

  • Does the adult you’re concerned about need help with their day to day life?
  • Do they need help with living arrangements and medical care?
  • Are their needs just related to finances and legal issues?
  • Do you they need assistance with both financial and person decisions?

In Illinois there are different types of guardianships that can protect a disabled adult in Illinois, which are Plenary Guardianship, Limited Guardianship, Successor Guardianship, Testamentary Guardianship, and Temporary Guardianship. In a plenary guardianship, the guardian is going to have more power to make decisions. In a limited guardianship, the guardian will only be able to make certain decisions since the order appointing them as a guardian will be more specific as to what power they do have than that of a plenary guardianship guardian. A Temporary Guardianship is in an emergency situation.

Requirement of Oath and Bond

Appointment of Guardian Ad Litem

Who is typically involved in the Adult Guardianship process?

The Petitioner

The Disabled Person (the “Ward”)

The Judge

The Guardian

The Guardian ad Litem

What happens after I am appointed as Guardian to a Disabled Adult?

Can a Guardianship be Terminated or Modified and when does it end?

What Can Make Guardianships More Complex?

  • The Disabled Person does not want you specifically as their guardian
  • A relative that does not agree to you as the guardian
  • The estate of the Disabled Person is significant (Lots of money and assets)
  • Real estate is involved
  • Abuse is suspected (physical/mental/financial)
  • Powers of attorney are already executed for health and property

Who Can Serve as My Guardian?

When Everything Is On The Line, You Need An Attorney You Can Trust, That Will Advocate & Fight For Your Family! We Can Help!