How do I petition for guardianship or conservatorship in Illinois?
1. Terminology. Illinois uses 'guardian of the person' and 'guardian of the estate'; 'conservator' is not a standalone Illinois title. Guardianships for adults are 'guardianship of a disabled person.'
2. Adult Guardianship. Under 755 ILCS 5/11a-3, a 'disabled person' is one 18 or older who, because of mental deterioration, physical incapacity, mental illness, or developmental disability, cannot manage their person or estate.
3. Minor Guardianship. Available under 755 ILCS 5/11-5 when parents are deceased, unwilling, or unable; the court considers the minor's best interest.
4. Petition. File in the circuit court of the county where the respondent resides (755 ILCS 5/11a-7). Personal service on the respondent at least 14 days before hearing; notice to spouse, adult children, parents, and the person with whom the respondent resides.
5. Court Investigator / GAL. A GAL is appointed (755 ILCS 5/11a-10) to interview the respondent, observe their condition, and report; counsel must be appointed if the respondent requests it or the court determines it is necessary.
6. Capacity Evaluation. A physician's report (755 ILCS 5/11a-9) describing the nature and type of disability, mental and physical condition, and recommendation must be filed; clear and convincing evidence standard.
7. Hearing & Order. Respondent has rights to attend, to counsel, to cross-examine, and to a jury trial of six. The order specifies plenary or limited powers.
8. Powers & Duties. Bond required for estate guardian (755 ILCS 5/12-2); inventory within 60 days; annual report and accounting; court approval for sale of real property and certain medical decisions.
9. Alternatives. Power of attorney (Illinois Power of Attorney Act, 755 ILCS 45), health care surrogate (755 ILCS 40), and special needs trusts.
10. Termination. Restoration petition (755 ILCS 5/11a-20), death, or minor reaching 18.
11. UAGPPJA. Illinois adopted UAGPPJA at 755 ILCS 8/.
This is legal information, not legal advice.
- Plenary vs. limited guardianship disputes where scope of authority is contested
- Estate guardianships involving significant real property or business interests
- Restoration proceedings to terminate or modify an existing guardianship
- 755 ILCS 5/11a-1 et seq.
- 755 ILCS 5/11a-3
- 755 ILCS 5/11-5
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.