What Guardianship is in Illinois
Guardianship is a legal relationship created by a court. It gives one person, the guardian, the authority to make decisions for another person, the ward, who cannot make those decisions safely on their own. The ward is usually a minor or an adult with a disability, and the guardian is responsible for some or all of that person’s care, finances, or both.
Guardianship is not the same as custody. Custody and parenting time are decided in family court between parents. Guardianship is a probate matter, and it often involves someone who is not a parent stepping in to care for a child, or an adult child stepping in for a parent who is losing capacity. If your question is really about parenting time between two parents, that is a custody issue, and our DuPage County child custody lawyers can help with that instead.
Illinois guardianship is governed by the Probate Act. Guardianship of a minor falls under Article XI (755 ILCS 5/11), and guardianship of an adult with a disability falls under Article XIa (755 ILCS 5/11a). Those two tracks work differently, and we walk through each below.
Guardianship Is Not Custody
Custody decides parenting time and decision-making between two parents in family court. Guardianship is a probate case that gives a guardian legal authority over a ward, most often when a parent cannot act or an adult cannot manage their own affairs. Mixing the two up can send your case to the wrong courtroom.
Guardian of the Person vs. Guardian of the Estate
Every guardianship in Illinois answers two separate questions: who makes decisions about the person, and who manages the person’s money. Those roles can sit with one guardian or be split between two.
Guardian of the Person
A guardian of the person handles day-to-day life. That means shelter, food, education, medical care, and personal decisions made in the ward’s best interest.
Guardian of the Estate
A guardian of the estate manages the ward’s money and property. Those funds can be spent only on the ward or for the ward’s benefit, and the guardian answers to the court for how they are used.
One person can serve in both roles, or the court can appoint different people for each. This split matters most when a ward has significant assets, because managing an estate carries duties to the court that managing personal care does not.
Guardianship of a Minor in Illinois
A child’s parents normally hold the legal authority to decide on care. When a parent cannot make those decisions, whether because of death, absence, illness, incarceration, or another reason, someone else must step in as the child’s legal guardian. Guardianship of a minor is also common when a child is about to receive money or property and needs an adult with legal authority to manage it.
Appointing a guardian does not automatically end a fit parent’s rights, and living parents are entitled to notice of the guardianship hearing.
Who Can Serve as a Guardian
To be appointed guardian of a child in Illinois, you must:
- be a U.S. resident
- be at least 18 years old
- be of sound mind
- have no felony conviction involving harm or the threat of harm to a child
- not be legally disabled, with an exception for blindness
Meeting these requirements does not guarantee that the court will appoint you. The judge decides based on the best interest of the child, and being more financially comfortable than the parents is not enough on its own.
Plenary Guardian of a Minor
A plenary guardian holds full, long-term authority over the child, including the child’s care and any assets the child owns. “Plenary” simply means complete. A court grants this kind of guardianship only in serious circumstances, such as when both parents have died, when the parents cannot or will not make day-to-day decisions, when the parents have voluntarily left the child with another adult, or when the parents agree to it.
Once a plenary guardian is appointed, the relationship generally continues until a parent can care for the child again, another eligible guardian steps in, or the child turns 18.
Standby Guardian
A standby guardian waits in the wings until a parent or current guardian can no longer care for the child. This is planned for situations like a sudden illness, a death, or a parent being separated from the child, for example through deportation.
A parent or current guardian names a standby guardian in writing, either on a Designation of Standby Guardian form or in a will, witnessed by two adults. Once the standby guardian’s authority is triggered, they have up to 60 days to go to court and petition for longer-term authority.
Short-Term Guardian
A short-term guardian does not require a court order. The parent and the guardian sign a written agreement, witnessed by two adults, that names the dates or the event that ends the arrangement. A short-term guardianship lasts no longer than one year, only one can be in place at a time, and the short-term guardian has no authority over the child’s money or property.
| Type | Court order required | Maximum duration | Authority over assets |
|---|---|---|---|
| Plenary guardian | Yes | Until a parent can care for the child, another guardian is appointed, or the child turns 18 | Yes |
| Standby guardian | Designated in writing, then court within 60 days | Bridges care until full authority is sought | Follows the guardianship granted |
| Short-term guardian | No | One year | No |
Guardianship of a Disabled Adult in Illinois
Guardianship of an adult becomes necessary when a person cannot make or communicate responsible decisions about their own care or finances because of a mental, physical, or developmental disability, or another serious condition. This is the track that applies when families ask how to get guardianship of an aging parent whose memory or judgment is failing, or of an adult child with a disability who has reached 18.
A disability by itself does not call for guardianship. Many people with disabilities manage their own lives fully. Guardianship applies only where the person genuinely cannot make these decisions, and Illinois law directs courts to use the least restrictive option that still protects the person.
Limited Guardianship
A limited guardian has authority over only the specific personal or financial decisions the court spells out. The adult keeps the right to make every other decision. Courts favor limited guardianship when a person retains real decision-making ability in some areas of life.
Plenary Guardianship
A plenary guardian of an adult has full authority over the person’s personal care, finances, or both. Courts reserve this for situations where the person cannot make any of these decisions safely on their own.
Temporary Guardianship
A temporary guardian is appointed to protect an adult during the gap between filing the petition and the hearing where the court decides whether guardianship is needed. Temporary guardianship lasts no longer than 60 days and is used only where there is a real emergency or a demonstrated risk of harm.
| Type | Scope of authority | Duration | When it is used |
|---|---|---|---|
| Limited guardian | Only the powers the court specifies | Ongoing, subject to review | The adult keeps capacity in some areas |
| Plenary guardian | Full authority over care, finances, or both | Ongoing, subject to review | The adult cannot make these decisions at all |
| Temporary guardian | Narrow, set by the court | No more than 60 days | An emergency while the case is pending |
How the Guardianship Process Works in DuPage County
Guardianship cases for DuPage County residents are heard in the Probate and Guardianship Division of the 18th Judicial Circuit at the courthouse in Wheaton, and filings are made electronically. Knowing how this court handles guardianship matters is part of what we bring to every case. Here is how the process typically moves.
1
File the petition
We prepare and file the petition that opens the case, identifying the proposed ward, the reason guardianship is needed, and who should serve.
2
Provide a physician’s report
In adult cases, the court needs a report from a physician who examined the person, based on an examination within three months of filing, describing the disability and how it affects decision-making.
3
Appointment of a guardian ad litem
The court usually appoints a guardian ad litem, an independent attorney or professional who meets with the person and reports back on their best interest.
4
Notice and hearing
The proposed ward and close relatives receive notice. At the hearing, the court weighs the evidence, and the respondent has the right to be present and to have an attorney.
5
Order and letters of office
If the court grants the petition, it issues an order and letters of office that give the guardian legal authority to act.
6
Ongoing reporting
A guardian files regular reports and accountings with the court, and we help guardians stay on top of these duties.
Because timing matters, we can ask the court to appoint a temporary guardian to protect the person while the case is pending.
Alternatives to Guardianship
Guardianship takes decision-making authority away from a person, so Illinois asks whether a less restrictive tool would work first. Often one will, especially with planning ahead of a crisis. Depending on the situation, the better path may be a durable power of attorney for healthcare and for property, a special needs trust to provide for a disabled loved one, supported decision-making, or nominating a guardian in a will so your wishes guide the court later.
Putting these tools in place early can keep decisions inside the family and out of court. Our DuPage County estate planning attorneys can help you weigh guardianship against the alternatives, and pair it with wills and trusts that reduce the need for court involvement down the road.
When Guardianship Ends
A guardianship does not always last forever. Guardianship of a minor generally ends when the child turns 18. Guardianship of an adult can end if the ward regains the ability to make their own decisions, and any guardianship ends on the ward’s death. A guardian can also resign or be removed, and because the court supervises the arrangement, it decides at each stage whether guardianship is still necessary or should be adjusted.
How Our DuPage County Guardianship Attorneys Help
Guardianship touches the people you care about most, and the court holds guardians to real standards. We help on every side of these cases: establishing guardianship for a child, an aging parent, or a disabled adult; contesting or defending a guardianship when the right person or the need itself is in dispute; and supporting appointed guardians with the reports and accountings the court requires.
We have represented families across DuPage, Cook, Kane, Will, and Kendall Counties since 1990, and we handle these matters in English and Spanish. If someone you love needs a guardian, or someone is seeking guardianship over a person you believe can still make their own choices, talk to us before the next court date. Our parental rights attorneys are ready to help.
Protect the People Who Depend on You
Talk with a DuPage County guardianship lawyer about establishing, contesting, or serving as a guardian.
Frequently Asked Questions
Plenary means full or complete. A plenary guardian has authority over everything within their role, whether that is a minor’s entire care and assets or a disabled adult’s personal and financial decisions. It is the broadest guardianship Illinois allows, and courts grant it only when nothing narrower will protect the person.ordion content
A guardian of the person makes decisions about medical care, housing, and daily life. A guardian of the estate manages money and property for the ward’s benefit and answers to the court for it. One person can hold both roles, or the court can split them.
The ward is the person the guardianship protects, either a minor or an adult with a disability. The guardian makes decisions on the ward’s behalf within the authority the court grants.
You file a petition in probate court, supported by a physician’s report showing your parent cannot make responsible decisions about care or finances. The court appoints a guardian ad litem, holds a hearing, and decides whether to appoint you and how much authority to grant. We handle this process for families throughout DuPage County.
In most adult guardianship cases, the court appoints a guardian ad litem to independently assess the situation and report on the person’s best interest. Some courts waive it for cause, but you should expect one in a contested or complex case.
No more than 60 days. A temporary guardian protects the person during the gap between filing and the hearing, and it is used only where there is a genuine emergency.
Usually when the child turns 18. It can also end earlier if a parent becomes able to care for the child or another eligible guardian is appointed.
For a child, you must be a U.S. resident, at least 18, of sound mind, free of a felony involving harm to a child, and not legally disabled, with an exception for blindness. Meeting these requirements lets you petition, but the court still decides based on the ward’s best interest.