Guides · State guides · Illinois

Guardianship in Illinois: How It Works for an Aging Parent

In Illinois, a circuit court judge decides whether an adult is a "person with a disability" and who becomes guardian. Here is how Article XIa of the Probate Act works, step by step, from the statute and the state's own guardianship agency.

By naveen · Updated October 13, 2026 · How we research our guides

What to know

Illinois guardianship of an adult runs under Article XIa of the Probate Act of 1975: the court can appoint a guardian of the person, a guardian of the estate, or both, and each can be limited or plenary.
The person asking must prove the disability by clear and convincing evidence; the petition comes with a physician's report from evaluations within three months of filing, or the court orders one.
The judge must appoint a guardian ad litem unless the court finds one unnecessary, and must appoint a lawyer for your parent if your parent asks or disagrees with the guardian ad litem.
If your parent named a guardian in writing, the court appoints that person if it serves your parent's best interests and welfare.
Retirement Checklist puts the documents that can avoid guardianship in order, alongside everything else your family needs to settle.

In Illinois, guardianship of an adult is a circuit court case: a judge decides whether your parent is a person with a disability and, if so, appoints a guardian of the person, the estate, or both. It's the route left when your parent can no longer make or communicate important decisions and nothing was signed in time: no power of attorney for property and no power of attorney for health care. Illinois's law is Article XIa of the Probate Act of 1975, "Guardians for Adults with Disabilities." A separate article covers minors; this guide is about adults.

What is guardianship in Illinois?

It's an arrangement in which a circuit court judge appoints someone to make decisions for an adult the court has found to be a "person with a disability." The statute includes an adult who "because of mental deterioration or physical incapacity is not fully able to manage his person or estate" (755 ILCS 5/11a-2). Once a guardian is appointed, your parent is called the ward.

Illinois's Probate Act doesn't use the word conservator. The state's Guardianship and Advocacy Commission explains that the old terms "incompetent" and "conservator" were replaced when the Probate Act was amended in 1979. Today the court can appoint:

Type	What it covers
Guardian of the person	Care, medical treatment, where your parent lives, social services
Guardian of the estate	Money, property and financial affairs, under court supervision
Limited guardian	Only the decisions the court order lists; your parent keeps the rest
Plenary guardian	All decisions in that area, when your parent is "totally without capacity"

Under 755 ILCS 5/11a-14, "The appointment of a limited guardian under this Article shall not constitute a finding of legal incompetence."

When does a parent need one, and what are the alternatives?

A parent needs one only when a disability leaves them unable to make or communicate responsible decisions about their care or finances, and only to the extent needed. Under 755 ILCS 5/11a-3, "Guardianship shall be ordered only to the extent necessitated by the individual's actual mental, physical and adaptive limitations," and it's to be used to protect your parent and to encourage "maximum self-reliance and independence."

The court needs two findings, each by clear and convincing evidence: that your parent is a person with a disability, and that, because of it, your parent can't make or communicate responsible decisions about their care, or is "unable to manage his estate or financial affairs." The state's Guardianship Fact Sheet adds: "Without more, a mental, physical or developmental disability is not sufficient for the appointment of a guardian."

In the sections of Article XIa we read, the court isn't required to make findings about less restrictive alternatives. The state agency is direct about them anyway. Its guardianship FAQ says "All possible alternatives should be explored before instituting guardianship proceedings," and names powers of attorney, living wills, representative payees, living trusts and surrogate decision makers. Illinois's Health Care Surrogate Act lets family make medical decisions without a court in the situations it covers, as our Illinois health care guide explains.

If your parent can still understand and sign, a power of attorney for property and one for health care may do the job without a court. Once a guardian is appointed, an existing power of attorney keeps working: the guardian has no power over matters it covers unless a court orders otherwise (755 ILCS 5/11a-17 and 11a-18).

Who can be the guardian?

Under 755 ILCS 5/11a-5, an individual qualifies if the court finds they can provide "an active and suitable program of guardianship" and they:

are at least 18;
are a resident of the United States;
are not of unsound mind and haven't been found to be a person with a disability;
haven't been convicted of a felony, unless the court finds the appointment is in your parent's best interests.

No one convicted of a felony "involving harm or threat to a minor or an elderly person or a person with a disability" can serve. A public agency, a not-for-profit or, for the estate only, a trust company can also be appointed, but not an agency that provides residential services to your parent. The court can appoint co-guardians who agree to serve together.

The sections we read set no family priority list. The choice is "in the discretion of the court," which considers your parent's preference and the candidate's qualifications, but "the paramount concern in the selection of the guardian is the best interests and well-being of the person with a disability" (755 ILCS 5/11a-12). The fact sheet puts it plainly: "Family members are not automatically named the legal guardian for their disabled relative."

Your parent's own choice carries weight. Under 755 ILCS 5/11a-6, an adult "while of sound mind and memory" can designate a guardian in writing, and if the appointment "will serve the best interests and welfare of the ward, it shall make the appointment in accordance with the designation." The Illinois statutory power of attorney forms include this: the property form nominates the agent as guardian of the estate "to serve without bond or security," and the health care form has a box to nominate the agent as guardian of the person.

If no suitable person is willing, the court can appoint a county public guardian when your parent's estate exceeds $25,000, or the Office of State Guardian when it's smaller (755 ILCS 5/13-5). The Office of State Guardian says it serves "only when no other person is suitable and willing to serve."

How do you get guardianship of a parent in Illinois?

You petition the circuit court in your parent's county, with a physician's report or a request that the court order one, and a judge decides after a hearing. The steps below follow Article XIa and the state agency's FAQ.

Look for documents first. The petition must list any agent your parent appointed under the Illinois Power of Attorney Act, and a petition can't be dismissed or withdrawn without the court's permission.
Get the medical report. The petition "should be accompanied by a report" based on evaluations done within three months of filing, with "an opinion as to whether guardianship is needed, the type and scope of the guardianship needed, and the reasons therefor," signed by evaluators including a licensed physician (755 ILCS 5/11a-9). The FAQ says a form for the report "can usually be obtained from the Probate Clerk." The report isn't part of the public record unless the court directs.
File the petition. File in the circuit court of the county where your parent lives (755 ILCS 5/11a-7). Any "reputable person" can petition. It lists your parent's closest relatives, the approximate value of their property and income, and the proposed guardian. The statewide approved forms list on the Illinois Courts site includes guardianship of a minor but no adult guardianship suite, so ask your county's probate clerk for local forms.
The court sets a hearing and appoints a guardian ad litem. The hearing is set "within 30 days." Unless the court finds it unnecessary, a guardian ad litem must "personally observe the respondent prior to the hearing," explain the petition and your parent's rights, ask your parent's views, file a written report, and testify (755 ILCS 5/11a-10).
Serve your parent and give notice. Your parent must be personally served with the petition and a summons at least 14 days before the hearing, and the summons includes a plain-language notice of rights. Relatives and others named in the petition get notice by mail or in person at least 14 days ahead.
The hearing. Your parent has the right to attend, to a lawyer, to "demand a jury of 6 persons," to present evidence and cross-examine witnesses, and to ask that the hearing be closed (755 ILCS 5/11a-11). The court can hold it at a facility where your parent lives. If the basis isn't proven, the court "shall dismiss the petition."
Order and letters. The court's written order states whether the guardian is limited or plenary and, for a limited guardian, exactly which powers they have. The guardian files an oath and any bond and receives letters of guardianship.

The agency's FAQ says that "Once the case is filed, it usually takes from 14 days to two months for a decision to be reached by the court."

What about an emergency?

Illinois's emergency tool is the temporary guardian (755 ILCS 5/11a-4). The petition is filed with or after the main guardianship petition, and the court must find it necessary "for the immediate welfare and protection" of your parent or your parent's estate. Notice goes out at least 3 days before the hearing, which the court can waive for good cause. The FAQ notes "it is possible to have a temporary guardian appointed the same day the petition is filed."

A temporary guardian has only the powers the order lists, and the order must state "the actual harm" that makes it necessary. It "shall expire within 60 days after the appointment or whenever a guardian is regularly appointed, whichever occurs first." Before a final ruling, the court can extend it only up to 120 days from the original appointment. Your parent can ask the court to revoke it at any time.

If you suspect financial exploitation, our guide to protecting a parent from scams covers the warning signs.

What does a guardian have to do?

A guardian completes state training and reports to the court, and a guardian of the estate also posts bond, files an inventory and accounts, and needs court approval for major steps.

Training. The order of appointment requires the guardian to complete the state's training program and file a certificate of completion within one year of the letters being issued, unless exempt (755 ILCS 5/11a-12). The Office of State Guardian's training page offers one course for guardians of the person and one for guardians of the estate, each with a certificate "that you can file with the court."

Guardian of the person. This guardian arranges your parent's care and "shall assist the ward in the development of maximum self-reliance and independence" (755 ILCS 5/11a-17). Decisions follow your parent's current preferences unless that "would result in substantial harm," and otherwise what your parent would have wanted, then best interests. The guardian must use reasonable efforts to tell adult children who ask about hospital admissions and death. The guardian files reports at intervals the court sets, and the agency's forms page says the report "should be filed annually with the court."

Moving your parent. Under 755 ILCS 5/11a-14.1, a family guardian can't place your parent in a residential facility unless the court order allows it, and "shall not remove the ward from his or her home or separate the ward from family and friends unless such removal is necessary to prevent substantial harm."

Guardian of the estate. The duties are heavier:

Bond. Before acting, the guardian files a bond the court approves, of at least double the value of the personal estate when individuals act as sureties, or 1 1/2 times with a surety company (755 ILCS 5/12-2 and 12-5). The court may waive bond for a guardian of the person only.
Inventory. A verified inventory "Within 60 days after the issuance of his letters" (755 ILCS 5/14-1).
Accounts. A verified account "within 30 days after the expiration of one year after the issuance of letters," then as the court requires (755 ILCS 5/24-11).
Court approval for the house. The guardian may sell or mortgage your parent's real estate only "By leave of court" (755 ILCS 5/20-3).
Benefits. "A guardian shall be required to investigate and pursue a ward's eligibility for governmental benefits" (755 ILCS 5/11a-18).

A guardian can be paid, but "all fees must be reviewed and approved by the court pursuant to a fee petition" (755 ILCS 5/11a-13.5).

What rights does your parent keep, and how does it end?

With a limited guardian, your parent keeps every right the order doesn't give the guardian (755 ILCS 5/11a-14), and in any guardianship your parent can ask the court to end or change it. The notice served on your parent warns that a guardian "may be given the right to make all important personal decisions for you, such as where you may live, what medical treatment you may receive, what places you may visit, and who may visit you." With a plenary guardian, your parent's contracts are void against them, and the court clerk notifies the Secretary of State's driver services. Any adjudication of disability is reported to the Illinois State Police FOID office (755 ILCS 5/11a-22, 11a-24 and 11a-25).

At appointment, the court gives your parent a written notice that says: "You have the right to ask the court to dismiss this guardianship, to revoke the power of this guardian to act for you, or to modify the duties of any such guardian." Your parent or someone for them can ask "even by an informal letter, a telephone call, or a visit to the court" (755 ILCS 5/11a-19).

The court can end or narrow the guardianship if your parent's capacity is shown by clear and convincing evidence, and "A report or testimony by a licensed physician is not a prerequisite" (755 ILCS 5/11a-20). At that hearing, your parent has the right to a lawyer and a jury of six, and if your parent can't pay, the State pays the guardian ad litem and appointed counsel (755 ILCS 5/11a-21). A guardian's role also ends at your parent's death.

How much does it cost?

Filing fees are set county by county under the Clerks of Courts Act. As one example, the Cook County Clerk's Probate Division Fee Schedule (dated October 1, 2025) lists $379.00 to file a guardianship of a disabled person, for the person, the estate or both, and $250.00 for an appearance. Check your own county's circuit clerk for its amount.

Under 705 ILCS 105/27.1b, "No fee may be charged for accounts filed for guardianships established for minors pursuant to Article XI of the Probate Act of 1975 or for disabled adults under Article XIa of the Probate Act of 1975." A jury demand fee can't exceed $137.50. If you can't afford the fees, Illinois Courts' statewide Fee Waiver for Civil Cases forms, which "All Illinois Courts must accept," include an Application for Waiver of Court Fees.

The court decides who pays the guardian ad litem, and can order the petitioner to pay an independent expert if your parent can't. If the Office of State Guardian serves, its FY2027 fee schedule lists one-time case opening fees of $590 for the person, $886 for the estate and $1,182 for both, plus monthly service fees.

What changes in 2027?

Three laws already enacted change parts of this picture in 2027. From January 1, 2027, Public Act 104-547 adds rules for a "private professional guardian," meaning someone paid to serve as guardian for five or more unrelated people or a not-for-profit guardian, and Public Act 104-663 widens the Supported Decision-Making Agreement Act, now limited to adults with intellectual or developmental disabilities, so that it covers other adults too. From July 1, 2027, Public Act 104-465 renames the Office of State Guardian the Division of State Guardian, within a new Department of Disability Advocacy and Guardianship.

Frequently asked questions

Who decides guardianship cases in Illinois?

A circuit court judge in the county where your parent lives. The judge decides whether your parent is a person with a disability, whether the guardianship should be limited or plenary, and who serves. Your parent can demand a jury of six on the facts. The court keeps supervising afterward, reviewing reports and accounts.

Does my parent get a lawyer in an Illinois guardianship case?

Your parent can hire one, and the court must appoint one if your parent asks or takes a position adverse to the guardian ad litem. The court can also appoint counsel whenever it finds that best serves your parent. Separately, unless the court finds it unnecessary, a guardian ad litem meets your parent before the hearing and reports to the judge.

Can I be my parent's guardian if I live in another state?

The qualifications in 755 ILCS 5/11a-5 require a resident of the United States, not of Illinois. You must also be at least 18, of sound mind, and without a disqualifying felony, and the court must find you can provide an active and suitable program of guardianship. The judge still decides based on your parent's best interests.

Does guardianship cancel my parent's power of attorney?

Not automatically. Under 755 ILCS 5/11a-17 and 11a-18, a guardian has no power over personal, health care or property matters covered by a power of attorney that survives disability, unless a court orders otherwise under the Illinois Power of Attorney Act. A court can authorize a guardian to revoke an agency if the agent isn't acting for your parent's benefit.

How long does a temporary guardianship last in Illinois?

It expires within 60 days of appointment or when a guardian is regularly appointed, whichever comes first. Before the court rules on the main petition, it can extend the temporary guardianship only to protect your parent from harm, and never beyond 120 days from the original appointment. The temporary guardian has only the powers the order lists.

Can an Illinois guardianship be ended?

Yes. Your parent, or someone on their behalf, can ask the court to end or change it, even by informal letter, phone call or visit. The court can terminate it if your parent's capacity is shown by clear and convincing evidence, and a physician's report isn't required. Your parent can have a lawyer and a jury.

Getting started

Guardianship is the route left when the documents weren't signed in time. If your parent can still sign, an Illinois power of attorney for property and one for health care may let your family avoid it, and both forms let your parent nominate a guardian just in case. The plan this site builds asks four questions, including which state your parents live in, and puts the steps that matter most for your family in order. It's free and takes about 90 seconds.

Build your plan

If a petition already looks likely, it helps to know what an elder law attorney does, and our overview of conservatorship and guardianship explains the general picture.

Related guides

Sources

Probate Act of 1975, 755 ILCS 5, Article XIa: definitions (11a-2), adjudication (11a-3), temporary guardians (11a-4), qualifications (11a-5), designation (11a-6), petition, report and hearing (11a-8 to 11a-12), duties (11a-17, 11a-18), termination (11a-19 to 11a-21), plus bonds (12-2, 12-5), public guardians (13-5), inventory (14-1), real estate (20-3) and accounts (24-11).
Clerks of Courts Act, 705 ILCS 105: circuit clerk fees, including no fee for accounts in adult guardianships (27.1b).
Supported Decision-Making Agreement Act, 755 ILCS 9: current scope and the version effective January 1, 2027.
Public Act 104-0465: the 2027 reorganization of the Office of State Guardian.
Public Act 104-0547: private professional guardians, effective January 1, 2027.
Illinois Guardianship and Advocacy Commission, Guardianship Fact Sheet: the state agency's overview of types, process and costs.
Illinois Guardianship and Advocacy Commission, FAQ About Guardianship: steps, emergencies, alternatives and timing.
Office of State Guardian: the state's public guardianship agency.
Office of State Guardian, Guardianship Trainings: the required training and certificate.
Guardianship and Advocacy Commission, FY2027 Fee Schedules: fees when the Office of State Guardian serves.
Clerk of the Circuit Court of Cook County, Probate Division Fee Schedule: Cook County's filing and appearance fees.
Illinois Courts, Fee Waiver for Civil Cases: the statewide fee waiver forms.

Retirement Checklist explains how these documents work; it is not a law firm, and this page is not legal, financial or medical advice. Decisions belong to your parent, ideally with a qualified professional in their state.

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