What Is Adult Guardianship in Illinois and How Does it Work?

 Posted on September 30, 2025 in Guardianships

Illinois courts sometimes appoint a guardian for someone if they cannot make significant life decisions on their own. This can include older adults who are living with dementia. It may also apply to adults with developmental disabilities. Guardianship may be needed for someone who has suffered a serious illness or injury and can no longer manage their own care.

It is not about taking away rights for no reason. Instead, it is a safety measure the court uses when no other less restrictive option exists. If you have questions about guardianship, seek legal guidance right away. An experienced Arlington Heights, IL guardianship lawyer can explain the process and discuss how it relates to estate planning.

What Does Illinois Law Say About Adult Guardianship?

The rules for adult guardianship are listed in Section 11a of the Illinois Probate Act. These laws explain when a guardianship can be ordered, what powers a guardian may have, and how the court supervises the process.

The court appoints a guardian only when there is clear proof that an adult cannot make responsible decisions. This may be because of mental decline, a physical disability, or a developmental condition. To protect their rights, the adult must be informed about the case. They also have the right to attend the hearing, hire a lawyer, and share evidence.

If the judge decides guardianship is necessary, the court will issue an order explaining the guardian’s role. For example, they may be placed in charge of the person or the estate. In some cases, it can be both. Regardless, 755 ILCS 5/11a-17 says guardians must support as much independence as possible. The goal is not to take away freedom unnecessarily, but to provide protection while preserving autonomy when reasonable.

Understanding Guardianship of the Person in Illinois

Guardianship of the person applies when an adult cannot make choices about daily care or medical treatment. A guardian of the person may:

• Arrange medical appointments and consent to treatment

• Decide where the adult will live, such as at home, with family, or in a care facility

• Make sure the adult has food, clothing, and a safe living environment

• Support the adult’s education, vocational training, or social activities

This type of guardianship matters when an adult needs help with basic things like housing, medical care, or daily safety. A guardian may also encourage activities that keep the person engaged, such as social outings or job training.

Understanding Guardianship of the Estate in Illinois

Guardianship of the estate deals with money and property. It is often needed when an adult has significant assets but cannot manage them responsibly. A guardian of the estate may:

• Manage bank accounts and pay bills

• Handle income, investments, and property

• File taxes and keep financial records

• Request court approval for major transactions, such as selling real estate

• Submit annual reports to the court showing how assets were used

Illinois law closely monitors financial guardianships. For example, 755 ILCS 5/11a-18 states that a guardian must get court approval for major steps like selling a house or making big investments.

Sometimes the court appoints the same person to act as both guardian of the person and guardian of the estate. Other times, one family member may handle personal care while another manages finances. The structure depends on the needs of the disabled adult and what will best protect their interests.

How Does Adult Guardianship Fit Into an Estate Plan?

Estate planning gives people the ability to decide in advance who will handle medical, financial, and personal matters. Without these tools, families may be forced to seek guardianship through the court system. A thoughtful plan can reduce the chances that guardianship will ever be required.

Key estate planning tools that can help avoid or limit guardianship include:

• Healthcare power of attorney: Lets you choose a trusted person to make medical decisions if you cannot

• Property power of attorney: Authorizes someone to handle your finances, pay bills, and manage accounts

• Revocable living trust: Allows you to transfer property into a trust and name a successor trustee who steps in if you become incapacitated

• Living will or advance directive: States your wishes for end-of-life care so loved ones and doctors do not have to guess

• HIPAA authorization: Ensures that your healthcare agent can access medical records to make informed decisions

• Nomination of guardian documents: Allows you to name your preferred guardian in advance

Estate planning cannot prevent guardianship in every case. However, it does provide clear instructions that lower conflict, save money, and protect personal wishes.

Estate Planning for Parents With Disabled Children

When a child with disabilities turns 18, parents often consider guardianship. At that point, the child is legally considered an adult. The law still recognizes them as such, even if they cannot make independent decisions. Guardianship may be necessary to help with medical care, education, housing, and financial matters.

Special needs trusts are the most commonly used estate planning tool for parents of children with disabilities. These trusts let a disabled adult keep government benefits while also giving them extra financial support. They guide how someone manages assets and ensure the person has resources for the future. When families combine a trust with guardianship, they create a plan that protects the adult while still supporting independence.

Schedule a Consultation With an Arlington Heights, IL Adult Guardianship Attorney

At A. Traub & Associates, we have a rich history of serving the people of Northern Illinois. Our commitment to strong legal representation is reflected in more than 150 positive online reviews. We will provide the same care and attention to your case that we do for every client. As a female-owned and led law firm, we are also proud to promote diversity in the practice of law.

Estate planning and adult guardianship can be complex, often emotional processes. We understand the need for not only legal knowledge, but also compassionate support. Call 630-426-0196 to schedule a consultation with Arlington Heights, IL estate planning lawyers you can trust. We will help create a plan that will protect you and your loved one.