When a child with special needs reaches adulthood, parents often face difficult legal and financial decisions. At age 18, a child is considered a legal adult, regardless of their ability to make responsible decisions. If a disability prevents them from managing their personal, medical, or financial affairs, obtaining guardianship may be necessary.
In Illinois, guardianship is a legal process that allows a parent or another responsible adult to continue making decisions on behalf of an adult child who cannot care for themselves. The process requires court approval and involves multiple legal steps to ensure that guardianship is in the best interests of the child. Understanding how Illinois law treats guardianship and what steps are required can help families protect their loved ones while complying with legal requirements.
Illinois law recognizes different types of guardianship, each tailored to the needs of the individual. Under 755 ILCS 5/11a-3, a guardian may be appointed to oversee personal care, financial matters, or both. The two primary forms of guardianship are:
In many cases, a parent petitioning for guardianship will seek both types to ensure full protection of their adult child. The court determines the appropriate level of guardianship based on the individual’s capacity and the extent of their needs.
Illinois courts do not grant guardianship automatically. Petitioners must demonstrate that the adult child is unable to make decisions due to a developmental disability, cognitive impairment, or other qualifying condition. Under 755 ILCS 5/11a-2, an individual is considered legally disabled if they cannot fully manage their personal or financial affairs due to mental or physical incapacity.
To support a guardianship petition, families must provide:
The court will evaluate whether guardianship is necessary or if a less restrictive arrangement can protect the individual’s rights while allowing some independence.
The guardianship process in Illinois involves several legal steps, all of which must be completed to obtain court approval.
The court may grant limited guardianship if the individual can make some decisions independently but still requires assistance with specific matters.
When divorced or separated parents disagree about guardianship, legal conflicts can arise. If one parent attempts to block guardianship or exclude the other from decision-making, parental alienation may be a factor. Under 750 ILCS 5/602.7, Illinois courts prioritize the best interests of the child in all custody and guardianship disputes. If one parent deliberately undermines the other’s relationship with the adult child, the court may intervene. Evidence of parental alienation can impact guardianship decisions, particularly if one parent is found to be acting against the child’s well-being.
In some cases, full guardianship may not be necessary. Illinois law provides alternatives that allow an individual to retain some autonomy while still receiving assistance with critical decisions. These alternatives include:
Families should carefully evaluate whether full guardianship is needed or if a less restrictive alternative can provide adequate support.
Guardianship of the person grants authority over personal care decisions, such as medical treatment and living arrangements. Guardianship of the estate gives control over financial matters, including managing income, assets, and expenses. Some guardians serve in both roles to provide full protection for an individual with special needs.
The timeline varies depending on court schedules, required evaluations, and whether the petition is contested. Most cases take several months from filing to final approval. Expedited hearings may be granted in urgent situations.
Yes, the adult child, other family members, or interested parties can contest a guardianship petition. The court will review the evidence and determine whether guardianship is necessary or if a less restrictive option is appropriate.
No, a guardian’s authority is limited to what the court deems necessary. Some individuals require full guardianship, while others need only limited oversight. Courts regularly review guardianship arrangements to ensure they serve the individual’s best interests.
If parents cannot agree, the court will evaluate the situation and decide based on the adult child’s best interests. The court may appoint one parent as the primary guardian or require joint decision-making.
Yes, if a guardian fails to fulfill their duties or is found to be acting against the individual’s best interests, the court can appoint a new guardian. A petition must be filed to request a change.
If one parent is engaging in parental alienation, keeping detailed records and presenting evidence in court can help. Courts prioritize the adult child’s well-being and may adjust guardianship decisions if one parent is found to be manipulating the process.
Yes, there are court filing fees, legal fees, and possible costs for medical evaluations. Some families may qualify for fee waivers based on financial hardship.
No, but guardianship laws vary by state. If a guardian moves, they may need to transfer guardianship or petition the court for continued authority.
Yes, if an individual’s condition improves, they or their family can request a modification or termination of guardianship. Courts consider whether the individual can safely manage their affairs.
At Keller Legal Services, we understand the challenges parents face when seeking guardianship for an adult child with special needs. The legal process can be complex, but ensuring your child’s well-being is our priority. Whether you need guidance on full guardianship or alternative legal protections, we are here to help you make the right decisions.
Contact our Naperville guardianship attorney at Keller Legal Services by calling 630-505-1515 to receive your free consultation. We represent clients in Naperville and throughout Chicago, Illinois.
