What to Expect in Contested Guardianship Cases

 Posted on February 19, 2026 in Guardianships

 When someone can’t manage his or her own finances or needs help addressing basic needs due to a disability, another party can petition for guardianship over them. When the court names somebody as a guardian, he or she can make important decisions on behalf of the disabled adult. However, these cases get much more complicated when the petition for adult guardianship is challenged.

At A. Traub & Associates, our Schaumburg, IL estate planning lawyers can help you navigate the challenges of a contested guardianship case. We have earned over 150 positive reviews from grateful clients, so when you work with our team, you can trust that your case will be handled with care.

Who Can Petition for Adult Guardianship in Illinois?

Under the Illinois Probate Act, any "reputable person" may file a petition for adult guardianship. In most cases, the person filing is a close family member. This might include a spouse, adult child, sibling, or other relative. Sometimes a trusted friend steps forward. In certain situations, a hospital, nursing home, or public agency may also file a petition.

The person who is the subject of the case is called the "alleged disabled person," or ward. The court does not assume incapacity. The petitioner must prove that the person cannot make or communicate responsible decisions about personal care or finances.

Guardianship is a serious step. It removes important rights. That is why courts look closely at who is asking and why.

How Do Courts Decide on Guardianship Cases in 2026?

Illinois courts focus on protecting independence whenever possible. Guardianship is not automatic just because someone is elderly or ill. The court must find clear evidence of disability.

The process usually begins with a filed petition and a physician’s report. The doctor must examine the alleged disabled person and provide details about their condition. The report should explain how the condition affects decision-making.

The court then schedules a hearing. The alleged disabled person has the right to attend. They also have the right to an attorney. If they cannot afford one, the court may appoint counsel.

At the hearing, the judge listens to testimony. Family members may speak. Medical records may be presented. The alleged disabled person can object and present evidence.

The judge must answer two main questions. First, is the person legally disabled under Illinois law? And if so, what type of guardianship is necessary?

Illinois courts favor limited guardianship when possible. This means the guardian only handles specific areas, such as finances or medical decisions. Full guardianship is used only when the person cannot manage most aspects of life.

Questions About Incapacitation in Adult Guardianship Cases

Contested guardianship cases often center on capacity. Incapacity does not just mean weakness or old age. The legal question is whether the person can understand information and make responsible decisions.

Disputes arise when family members disagree about the severity of a condition. One child may believe a parent has dementia. Another may argue that the parent is still capable but stubborn. These disagreements can become emotional. Common medical conditions involved in guardianship cases include:

• Alzheimer’s disease and other forms of dementia
• Severe mental illness
• Developmental disabilities
• Brain injuries or stroke complications

Even with these diagnoses, the court looks at function. Can the person pay bills? Understand medical treatment? Recognize exploitation? The law focuses on real-world abilities.

Judges often weigh medical reports heavily. Still, they also consider testimony from those who interact daily with the person. A single diagnosis does not end the discussion.

Competing Petitions for Adult Guardianship

Sometimes more than one person files a petition. This is where cases become especially complicated.

For example, two adult children may both seek appointment as guardian. Each may claim the other is unfit. One may argue that the other mishandled money in the past. Old family tensions often resurface.

In these cases, the court looks at several factors. The judge considers the proposed guardian’s relationship with the disabled person, past conduct, financial responsibility, and ability to act in the person’s best interests.

The wishes of the alleged disabled person also matter. If they have enough capacity to express a preference, the court may take that seriously.

In high-conflict cases, the court may appoint a neutral third party. This could be a professional guardian or public guardian. While this avoids family infighting, it also removes control from relatives. That outcome can be difficult for everyone involved.

When Can an Appointed Guardian Be Removed?

Appointment does not mean permanent control without oversight. Guardians must act in the ward’s best interests. They must file reports with the court. Financial guardians must account for income and expenses. Personal guardians must update the court about health and living arrangements.

A guardian can be removed for several reasons, including:

• Misuse or theft of funds
• Failure to file required reports
• Abuse or neglect
• Conflict of interest
• Failure to follow court orders

A ward, family member, or other interested person can file a petition to remove a guardian. The court will hold a hearing to review the claims. If misconduct is proven, the judge can remove the guardian and appoint someone else.

Guardianship can also end if the ward regains capacity. If medical evidence shows improvement, the court may modify or terminate the guardianship.

The Role of a Guardian ad Litem in Adult Guardianship Cases

In many contested cases, the court appoints a guardian ad litem, often called a GAL. This person is usually an attorney. The GAL does not act as the guardian. Instead, the GAL investigates and reports to the court. Their job is to represent the best interests of the alleged disabled person.

The GAL may interview the person at home or in a facility. They may speak with doctors, family members, and caregivers. They also review medical records and financial information. After the investigation, the GAL submits a written report or testifies in court. The judge often relies heavily on this input, especially in disputes between family members.

The GAL serves as an independent voice. In heated cases, that neutrality can be critical.

Contact a Schaumburg, IL Adult Guardianship Lawyer Today

At A. Traub & Associates, we help families navigate complex adult guardianship cases with clarity and care. We understand the weight of these decisions. Call 630-426-0196 or contact our Schaumburg, IL estate planning attorneys to schedule a free consultation and discuss how Illinois law applies to your situation.