Chicago Business Attorney Blog
Nobody plans for this conversation.
One day your parent is independent, managing their own finances, making their own decisions, living their own life. Then something shifts. Maybe gradually, maybe suddenly. A dementia diagnosis. A stroke. A fall that reveals how much has already changed without anyone saying it out loud.
And now you are the one who has to figure out what to do next.
If your parent can no longer make safe decisions for themselves and there is no Power of Attorney in place, or the one that exists does not cover what you need, you may be heading toward something most families have never heard of until they need it: adult guardianship.
It is a court process. It is not fast. It is not simple. But it is often the only path available, and understanding what it actually involves before you are in the middle of it makes an enormous difference.
What Adult Guardianship Is and Why It Exists
Guardianship is a legal relationship created by a court that gives one person, called the guardian, the legal authority to make decisions for another person, called the ward, who has been determined to lack the capacity to make or communicate responsible decisions for themselves.
In Illinois, adult guardianship is governed by the Probate Act of 1975. It is not a private family arrangement. It is a court-supervised legal status that requires a formal petition, a court hearing, medical or psychological evaluation, and a judge’s order.
There are two types of guardianship in Illinois:
Guardianship of the Person covers decisions about where someone lives, what medical care they receive, and their general welfare and daily life.
Guardianship of the Estate covers financial decisions, managing assets, paying bills, handling property, and making financial decisions on the ward’s behalf.
You can seek one or both depending on what your loved one needs. In many cases families need both, particularly when a parent can no longer safely manage either their health decisions or their finances.
How the Process Actually Works in Illinois
This is what most families want to know and struggle to find explained in plain terms. Here is the reality of what the guardianship process looks like from start to finish.
Step One: Determine Whether Guardianship Is Necessary
Before filing anything, an attorney will help you evaluate whether guardianship is actually the right tool. If your parent has a valid Power of Attorney for Property and a Healthcare Power of Attorney already in place, those documents may give you the authority you need without going to court. If those documents exist but are being contested, or if they do not cover the situation you are facing, guardianship may still be necessary.
If there are no planning documents at all, or if the person’s condition has progressed beyond what those documents anticipated, guardianship is likely the path forward.
Step Two: File a Petition for Adjudication of Disability
The process begins with filing a formal petition in the Probate Division of the Circuit Court in the county where your loved one lives. In Cook County that means the Cook County Circuit Court. In DuPage County it means the DuPage County Circuit Court, and so on.
The petition asks the court to declare the person a disabled adult under Illinois law and to appoint a guardian. It must include information about the person’s condition, why guardianship is needed, and who is being proposed as guardian.
Step Three: Obtain a Physician’s Report
Illinois requires a physician’s report, sometimes called a Certificate of Physician or Clinical Psychologist, documenting the person’s condition and supporting the determination that they lack the capacity to make decisions for themselves. This report is filed with the court as part of the petition.
Step Four: The Court Appoints a Guardian ad Litem
Once the petition is filed, the court appoints a Guardian ad Litem, an attorney whose sole job is to represent the interests of the person who is the subject of the petition. This is not your attorney. This is an independent officer of the court who will interview your loved one, review the petition, and report to the judge on whether guardianship is appropriate and in the person’s best interest.
The Guardian ad Litem’s report carries significant weight. Courts take their recommendations seriously, and in contested matters their findings can shape the outcome substantially.
Step Five: Notice to Family Members
Illinois law requires that certain family members be given formal notice that a guardianship petition has been filed. This includes spouses, adult children, parents, and siblings. This requirement exists to protect the proposed ward and to give family members the opportunity to raise concerns or object.
This step is one of the places where family conflict most often surfaces. If siblings disagree about who should serve as guardian, or whether guardianship is needed at all, those disputes get raised here.
Step Six: The Hearing
A hearing is held before a judge. Your loved one has the right to attend and to be represented by their own attorney. They have the right to contest the guardianship. The judge will review the petition, the physician’s report, and the Guardian ad Litem’s findings, and will hear any testimony or arguments presented.
If the court finds by clear and convincing evidence that the person is disabled and that guardianship is necessary, the judge will enter an order of adjudication of disability and appoint the guardian.
Step Seven: Letters of Office
Once the order is entered, the court issues Letters of Office, the formal document that gives the guardian legal authority to act. Banks, hospitals, care facilities, and other institutions recognize Letters of Office. This is the document that opens the doors that a rejected Power of Attorney could not.
Step Eight: Ongoing Court Supervision
Guardianship does not end with the appointment. Illinois courts maintain ongoing oversight. Guardians of the estate must file annual accountings with the court documenting all financial activity. Guardians of the person must file annual reports on the ward’s condition and living situation. The court retains jurisdiction and can modify or terminate the guardianship if circumstances change.
How Long Does This Take?
In straightforward, uncontested cases in Illinois, the process from petition to Letters of Office typically takes six to eight weeks. In contested cases, cases where family members object, where the proposed ward contests the guardianship, or where there are disputes about who should serve as guardian, the timeline can stretch to several months or longer.
This is one of the most important reasons to have estate planning documents in place before they are needed. A properly drafted Power of Attorney takes a single meeting with an attorney and is effective immediately. A guardianship takes weeks at minimum, costs significantly more, and happens during what is already one of the most stressful periods a family will face.
Who Can Serve as Guardian in Illinois?
Illinois law gives priority to certain individuals when appointing a guardian. Spouses come first, followed by adult children, parents, adult siblings, and then other close relatives. The court can also appoint a professional guardian or a public guardian if no suitable family member is available or willing to serve.
Being related does not automatically mean being appointed. The court will consider the proposed guardian’s relationship with the ward, their ability to perform the duties required, and whether there are any conflicts of interest. If multiple family members want to serve, or if family members object to a proposed guardian, the court decides.
When Families Disagree
Contested guardianship proceedings are among the most painful legal matters families go through. They involve a parent’s most private affairs being examined in a public court record, family conflicts being argued before a judge, and in some cases siblings who have not spoken in years being forced to sit across a courtroom from each other.
Common sources of conflict include disagreements about whether the person is truly incapacitated, disputes about who should control finances, concerns about how a guardian has already been managing things informally, and allegations that one family member has been exerting undue influence.
If your family is already in conflict about a parent’s care and finances, the guardianship process will surface and formalize that conflict. Having an attorney who handles guardianship and estate litigation is not just helpful in these situations. It is essential.
What Guardianship Cannot Do
A guardian has significant authority, but it is not unlimited. Under Illinois law there are things a guardian cannot do without additional court approval. A guardian cannot make or change the ward’s will. A guardian cannot make gifts of the ward’s assets without court approval. A guardian cannot consent to certain medical procedures, including sterilization, without specific court authorization. And a guardian cannot take actions that are not in the ward’s best interest simply because they are convenient for the guardian.
Courts take the ward’s rights seriously. The goal of guardianship under Illinois law is to give the ward the least restrictive form of intervention necessary while still providing adequate protection. That standard matters, and a good attorney will help you navigate it correctly.
A Note on Limited Guardianship
Illinois law allows for limited guardianship, where the guardian’s authority is restricted to specific areas where the person actually needs assistance, while preserving their autonomy in areas where they can still make decisions for themselves.
If your parent can manage their daily life and personal decisions but can no longer handle complex financial matters, a limited guardianship of the estate might be appropriate. Courts are required to consider whether limited guardianship is sufficient before ordering plenary, or full, guardianship. This is worth discussing carefully with your attorney because it affects both the scope of your authority and the degree of court oversight you will be under.
The Conversation Nobody Wants to Have Until They Have To
If you are reading this because someone in your family is already in crisis, you are not too late. The process has a clear path and the right attorney will walk you through every step of it.
If you are reading this because you are watching a parent age and you can see this coming, the most valuable thing you can do right now is start the estate planning conversation while there is still time to do it the right way. A Power of Attorney executed today costs a fraction of what guardianship costs, takes a fraction of the time, and involves none of the court supervision, public record, or family conflict that guardianship can bring with it.
Planning is not morbid. It is the kindest thing you can do for the people who will be left to figure this out when you no longer can.
Tracy Ries Helps Illinois Families Navigate Adult Guardianship
Tracy A. Ries is an estate planning and probate attorney at Bellas and Wachowski with over two decades of experience guiding families through guardianship proceedings, probate, and the full range of estate planning that prevents these situations from becoming crises in the first place. She handles both uncontested guardianship petitions and contested proceedings where family conflict requires experienced litigation support.
If your family is facing a guardianship situation, or if you want to put documents in place so your family never has to, call for a consultation.
Call 800.825.9260 or contact Tracy directly at tracy@bellas-wachowski.com.
Park Ridge and Chicago, Illinois.