Our attorneys understand how emotional and overwhelming it can be when a loved one becomes unable to make decisions for themselves. Whether due to a developmental disability, cognitive decline, or a serious medical condition, adults with disabilities sometimes need someone to step in and help manage their personal or financial affairs. In Illinois, the legal way to do this is by establishing adult guardianship through the probate court system.
Guardianship is not something the court grants lightly. It involves removing certain rights from the person with a disability and giving those rights to someone else—the guardian. That’s why the law includes a thorough process to ensure that guardianship is truly necessary and that the right person is appointed. At Keller Legal Services, we help families through every part of this process. Our goal is to protect your loved one and make sure their dignity, safety, and well-being come first.
In Illinois, a guardianship for an adult with disabilities may be necessary when that adult cannot make or communicate responsible decisions about their personal care or finances. This could be the result of:
Under the Illinois Probate Act (755 ILCS 5/11a-2), a “person with a disability” is defined as someone who, due to mental deterioration or other conditions, lacks sufficient understanding or capacity to make or communicate responsible decisions about personal or financial matters.
There are two main types of guardianship under 755 ILCS 5/11a-17 and 11a-18:
The court can appoint one individual to serve in both roles, or different individuals to each role, depending on what is in the best interest of the disabled adult.
Illinois courts prefer to grant the least restrictive form of guardianship. This means that if the adult with disabilities can still make some decisions on their own, the court may grant a limited guardianship instead of a full (plenary) guardianship. Under 755 ILCS 5/11a-12, a limited guardianship allows the guardian to make only specific decisions, while the disabled adult retains the rest of their legal rights.
To begin the guardianship process, we file a petition with the probate court in the county where the disabled person resides. The petition must include:
We also include a Report of Physician, which must be completed by a licensed physician who has recently examined the person. This report is required under 755 ILCS 5/11a-9, and it plays a critical role in helping the court determine whether the person is truly unable to make their own decisions.
After the petition is filed, the court will appoint a Guardian ad Litem (GAL) to meet with the disabled person and submit a written report to the judge. The GAL acts as the court’s eyes and ears, making sure the proposed guardianship is in the best interest of the disabled adult.
The court will schedule a hearing, usually within 30 to 60 days after filing. At this hearing, the judge will review all the documentation, hear from the parties involved, and may also hear directly from the disabled person if they are able to communicate.
If the judge is satisfied that the person is disabled and that guardianship is necessary and appropriate, they will issue an order appointing the guardian. The appointed guardian must then take an oath and agree to act in the best interests of the disabled person.
Once appointed, a guardian has legal duties and responsibilities. Under 755 ILCS 5/11a-17, a guardian of the person must act to promote the comfort, health, and welfare of the disabled individual. A guardian of the estate must act prudently and file periodic reports with the court, including inventories and annual accountings.
Guardianship does not allow the guardian to control the disabled person’s every move or deny them basic rights. All decisions must be made with the person’s best interests in mind, and the guardian must always encourage as much independence as possible.
Guardianship continues until the court orders otherwise. It may end if:
If circumstances change, we can petition the court to modify or terminate the guardianship.
It usually takes between 30 to 60 days from the time we file the petition to the court hearing. However, the timeline can vary depending on the complexity of the case and whether anyone contests the guardianship. In emergency situations, we can ask the court for temporary guardianship, which can be granted much more quickly.
A Guardian ad Litem (GAL) is a court-appointed attorney or advocate who represents the best interests of the person with disabilities. Their job is to investigate the situation, interview the parties involved, and file a report with the judge. The GAL plays a critical role in helping the court decide whether guardianship is necessary and who should be appointed.
Yes, Illinois law allows for co-guardians, which means two people can share the responsibilities of guardianship. This can be helpful when one person is better suited to handle financial matters and the other is more involved in day-to-day care. However, co-guardians must work together and agree on decisions, which can sometimes lead to complications.
In most family situations, guardians do not get paid. However, if the guardian is not a family member, or if managing the estate is time-consuming, the court may allow reasonable compensation. This is generally paid from the estate of the disabled person and must be approved by the court.
Yes. If a guardian fails to fulfill their duties or acts against the best interests of the person with disabilities, the court can remove them. We can petition the court for removal and ask for a replacement guardian if necessary. The court always retains oversight of guardianship cases and can intervene when needed.
Not always. If the adult with disabilities still has some decision-making ability, we may be able to use alternatives like powers of attorney, health care proxies, or supported decision-making agreements. These options are less restrictive and can still offer protection without involving the court. We review each situation to determine what fits best.
At Keller Legal Services, we understand the care and concern that go into seeking guardianship for a loved one with disabilities. We work closely with families in Naperville and across Chicago to make sure the process is handled legally, efficiently, and with compassion. When you trust us with your case, we take that responsibility seriously.
If you need help establishing guardianship for an adult with disabilities, we encourage you to schedule a consultation with our attorneys. Contact our Naperville guardianship attorneys at Keller Legal Services by calling 630-505-1515 to receive your free consultation. We represent families across Naperville, DuPage County, and the Chicago metropolitan area, and we’re here to help you protect those you care about most.
