The steps involved in getting guardianship of an adult are:Review the "Common Questions."Determine whether you are eligible to get guardianship of an adult.Review the instructions for completing and filing the court forms.Complete and file the court forms.Go to court and present your case to the judge.Click on words that appear like 'this' to learn what these words mean.]]> Select from the list below:]]> Can I get guardianship of an adult?You can get guardianship of a disabled person who is 18 years or older. A "disabled person" is defined as someone who can not fully take care of themselves or their property (called their "estate") because of mental deterioration, mental illness, or physical or developmental disability. Or someone who, because of gambling, misbehavior or excessive use of alcohol or drugs, so spends or wastes his estate as to cause problems for himself or his family.]]>Who can become a guardian?You can become a guardian if you:Are over the age of 18 Are a resident of the United States Are not of unsound mind Are not a disabled person, and Have not been convicted of a felonyIf you meet these requirements then it is up to the court to decide if you are capable of providing an active and suitable program of guardianship for the disabled person and are qualified to act as Guardian of the Person and as Guardian of the Estate for the disabled person. ]]>Do I need a lawyer to get guardianship of an adult?You can get guardianship of an adult without a lawyer in some cases. But you should talk to a lawyer before you file your case if: The person you are seeking guardianship of (during the case this person is called the "respondent") or a relative of that person will object to you getting guardianship The respondent owns any real estate or has assets (for example: land, a house, a bank account) The respondent gets a pension and the pension holder requires that a Guardian of the Estate be appointed The respondent has a Power of Attorney You suspect physical, mental or financial abuse There is an emergency (medical or financial) involving the respondent that cannot wait. It will take at least 30 days to get guardianship on your own. If any of the above apply in your case, you should talk to a lawyer right away. You can search the "Helpful Organizations" section below to find free legal help.If none of these apply, then you should be able to file for guardianship on your own by following the instructions in this guide.]]>Are there different kinds of guardianship?Yes. There are 2 different kinds. You can ask for either or both kinds, based on what kind of care the respondent needs.Guardianship of the PersonThere are two important issues in figuring out whether a disabled person needs a guardian: medical decisions and living arrangement decisions. If a person can not make their own medical decisions (give "informed medical consent") or make decisions about living on their own, then guardianship of the person should be considered.Guardianship of the Estate A Guardianship of the Estate is necessary when a disabled person cannot take care of their finances. Social Security, pensions, and other benefit issues may be handled by establishing a "representative payeeship." A representative payee is a person chosen by the Social Security Administration (SSA) to handle a disabled person's benefits issues. Visit the SSA's website for more information about representative payeeships. Getting Guardianship of the Estate is much more complicated than getting Guardianship of the Person. It is best to get a lawyer to help you with this. If you can not afford a lawyer, search the "Helpful Organizations" section below to find free legal help. Or, for a referral to a private lawyer, contact the Chicago Bar Association at (312) 554-2000.]]>What are the duties of a Guardian?To the extent ordered by the court and under the direction of the court, the guardian is responsible for:Support, care, comfort HealthEducation Professional services, as they are needed The development of maximum self-reliance and independence ]]>How does the Guardian make decisions for the ward?When making decisions on behalf of the ward, the guardian should:Take into account what the ward would have done under the circumstancesConsider the ward's personal, philosophical, religious and moral beliefs Decisions made by a guardian on behalf of a ward must be made using "substituted judgment." Substituted judgment means that you must try to make decisions that are as close as possible to what the ward would have done. If you are not sure when the ward would have done, then you must make decisions that are in the best interest of the ward.]]>Where do I file my forms?You must file your forms in the circuit court for the county where the disabled person lives. If the disabled person doesn't live in Illinois, then you can file in the county where they own land. If the disabled adult doesn't live or own land in Illinois, then you cannot file in Illinois. ]]>What forms do I need to get Guardianship of a Disabled Adult?To get guardianship of an adult, you will need to fill out several forms to file at court:Petition for Appointment of Guardian for Disabled Person and Probate Cover Sheet: On the Petition you will have to give an estimate of the respondent's personal assets (bank accounts, cars, etc.), real property owned (real estate), total yearly income that may include: pensions, social security, disability, wages.Exhibit A - Petition for Appointment of Guardian for Disabled Person: Exhibit A lists the closest living adult relatives of the disabled person. Everyone listed in Exhibit A must get a Notice of Motion.Oath and Bond of Representative: The Oath and Bond of Representative certifies that the guardian will handle all duties as the disabled person's representative.Summons for the Appointment of Guardian for Disabled Person with Notice of Rights of Respondent: The Summons and Notice will be served on the respondent by the Sheriff. This tells the respondent that someone is seeking Guardianship of him or her, and notifies the respondent of the time, date and place of the guardianship hearing. Notice of Motion to the Respondent's Relatives: This form tells the respondent's relatives that a Petition of Guardianship has been filed and gives the time, date and place of the hearing. A Notice of Motion along with a copy of the Petition must be sent to the respondent's spouse, parents, adult children, any brothers or sisters of the respondent (everyone who is listed on Exhibit A). If none are alive, or you do not know where they are, then any next of kin must be notified. Doctor's Report: To get guardianship of a disabled adult, that adult must be examined by an Illinois doctor no longer than 90 days from the date the petition is filed. The doctor must complete the CCP-211 Doctor's Report. There are 3 different kinds of Orders. Use the one that is right for your case:Order Appointing Guardian Ad Litem of Disabled Person: A Guardian Ad Litem investigates whether guardianship is in the best interest of the disabled person. If the judge decides to appoint a Guardian Ad Litem, he or she will sign the order. Order Appointing Plenary Guardian of Disabled Person: A plenary guardianship allows the guardian to make nearly all decisions for the individual (it combines Guardianship of Person and Guardianship of Estate). If the judge decides to appoint you as plenary guardian he or she will sign the order. Order Appointing Limited Guardian of Disabled Person: A limited guardian can only make decisions for the respondent that the court allows. If the judge decides to appoint you as limited guardian of the respondent, he or she will sign the order. You can get all of these forms with instructions for filling them out in the "Forms/Letters" section. You can also get the forms and instructions in the binders located at the Office of the Probate Court Clerk, Room 1202 of the Richard Daley Center at Dearborn and Washington. ]]>What do I do once I have prepared the forms?To get guardianship of an adult, you will need to file your petition with the court clerk, along with the other forms listed in the "Forms/Letters" section. Then you will have to get a hearing date from the court clerk. After you are assigned a hearing date, you must have the Sheriff serve the summons on the disabled person. You must also send notices of the hearing to all of disabled person's adult relatives.The "Step-by-Step" section of this guide explains this process in greater detail.]]>What do I do on the court date?When you go to the hearing, you must bring stamped copies of all your forms with you, as well as proof that the respondent and the respondent's relatives received the summons and notices. You must also bring with you an order for the judge to sign if he or she decides to give you guardianship (there are 3 different kinds of orders for different types of guardianship, so make sure you have the correct order for your case).The disabled person should come to court if they can. If they cannot come because of their disability, some proof of that should be prepared for the court (for example: a doctor's note explaining why they cannot come to court).]]>Once I am appointed as the Guardian, will I have other responsibilities to the court?Yes. If you are appointed as guardian of an adult, you must remember the following:You must get approval from the court for any change in where the ward is living; You must complete a yearly report and turn it in to the court; If the ward dies, you have to tell the court; You must tell the court if you, as the guardian, are unwilling or unable to act.]]>Can I get help filing for guardianship?Yes. If you live in Chicago, you can go to the Loyola Adult Guardianship Help Desk in Room 1202 of the Daley Center. The Help Desk offers help to people without an attorney seeking guardianship of the person for a disabled adult. The staff can help you understanding the procedure for filing for guardianship. They can also help you fill out the forms, but the desk does not offer legal advice. See "Self-Help Resources in the Daley Center and Around Chicago" in the "Related Articles" section for more information.]]> You may use these forms and instructions to help you solve your problem. To find out where to file court forms and if there are any fees to file the forms, check with your county Circuit Clerk. To find out how to contact your Circuit Clerk, visit the Illinois Courts' website.]]>5100index.cfm?fuseaction=home.dsp_content&contentID=5100Probate Division Cover Sheet4338index.cfm?fuseaction=home.dsp_content&contentID=4338Instructions for Adult Guardianship Cover Sheet5101index.cfm?fuseaction=home.dsp_content&contentID=5101Petition for Appointment of Guardian for Disabled Person4339index.cfm?fuseaction=home.dsp_content&contentID=4339Instructions for the Petition for Appointment of Guardian for Disabled Person4329index.cfm?fuseaction=home.dsp_content&contentID=4329Exhibit A4340index.cfm?fuseaction=home.dsp_content&contentID=4340Instructions for Exhibit A5103index.cfm?fuseaction=home.dsp_content&contentID=5103Oath and Bond of Representative - No Surety4345index.cfm?fuseaction=home.dsp_content&contentID=4345Instructions for the Oath and Bond of Representative5102index.cfm?fuseaction=home.dsp_content&contentID=5102Summons for Appointment of Guardian for Disabled Person with Notice of Rights of Respondent4343index.cfm?fuseaction=home.dsp_content&contentID=4343Instructions for the Summons for Appointment of Guardian for Disabled Person with Notice of Rights of Respondent3352index.cfm?fuseaction=home.dsp_content&contentID=3352Notice of Motion with Instructions5107index.cfm?fuseaction=home.dsp_content&contentID=5107Report5104index.cfm?fuseaction=home.dsp_content&contentID=5104Order Appointing Guardian Ad Litem for Alleged Disabled Person4347index.cfm?fuseaction=home.dsp_content&contentID=4347Instructions for the Order Appointing Guardian Ad Litem of Alleged Disabled Person5105index.cfm?fuseaction=home.dsp_content&contentID=5105Order Appointing Plenary Guardian for Disabled Person4344index.cfm?fuseaction=home.dsp_content&contentID=4344Instructions for the Order Appointing Plenary Guardian of Disabled Person5106index.cfm?fuseaction=home.dsp_content&contentID=5106Order Appointing Limited Guardian of Disabled Person4346index.cfm?fuseaction=home.dsp_content&contentID=4346Instructions for the Order Appointing Limited Guardian of Disabled Person6614index.cfm?fuseaction=home.dsp_content&contentID=6614Kane County Petition for Appointment of Guardian for Disabled PersonUse this form to petition the Court to appoint a guardian for a disabled person6615index.cfm?fuseaction=home.dsp_content&contentID=6615Kane County Summons for Appointment for Guardian of Allegedly Disabled PersonComplete this form and file with your petition to apppoint a guardian for a disabled person6616index.cfm?fuseaction=home.dsp_content&contentID=6616Kane County Order Appointing Guardian Ad Litem for Alleged Disabled PersonBring this form with you to Court for the hearing on your petition to appoint a guardian for an alleged disabled person6502index.cfm?fuseaction=home.dsp_content&contentID=6502McHenry County Petition for Appointment of Guardian for Disabled Adult6503index.cfm?fuseaction=home.dsp_content&contentID=6503McHenry County Petition for Appointment of Temporary Guardian for Disabled Adult6504index.cfm?fuseaction=home.dsp_content&contentID=6504McHenry County Summons for Guardianship of Disabled Adult Petition6501index.cfm?fuseaction=home.dsp_content&contentID=6501McLean County Guardianship of Disabled Adult formsUse these forms to petition the McLean County Court for guardianship of a disabled adult6625index.cfm?fuseaction=home.dsp_content&contentID=6625St. Clair County Petition for Guardianship of Disabled AdultUse this form to ask the court to appoint a guardian for an allegedly disabled adult5859index.cfm?fuseaction=home.dsp_content&contentID=5859Petition for the Appointment of a Guardian, with Instructions5860index.cfm?fuseaction=home.dsp_content&contentID=5860Letter to Physician and Physician's Report, with Instructions5861index.cfm?fuseaction=home.dsp_content&contentID=5861Summons, Notice of Rights of Respondent and Sheriff's Return of Service, with Instructions5862index.cfm?fuseaction=home.dsp_content&contentID=5862Motion and Order for Appointment of Guardian Ad Litem, with Instructions5863index.cfm?fuseaction=home.dsp_content&contentID=5863Notice and Certificate of Mailing, with Instructions5864index.cfm?fuseaction=home.dsp_content&contentID=5864Notice of Filing and Certificate of Service, with Instructions5865index.cfm?fuseaction=home.dsp_content&contentID=5865Findings of Fact, Conclusions of Law and Order Appointing Guardian, with Instructions5866index.cfm?fuseaction=home.dsp_content&contentID=5866Oath of Guardian, with Instructions5867index.cfm?fuseaction=home.dsp_content&contentID=5867Letters of Office, with Instructions5868index.cfm?fuseaction=home.dsp_content&contentID=5868Bond of Legal Representative - No Surety, with Instructions5869index.cfm?fuseaction=home.dsp_content&contentID=5869Bond of Legal Representative - Surety, with Instructions5870index.cfm?fuseaction=home.dsp_content&contentID=5870Notice of Right to Seek Modification and Certification, with Instructions Following are step-by-step instructions to help you with your legal problem. If the county you live in is listed, use the steps for that county. If the county you live in is not listed, use the General Steps and check with the Clerk of the Court in your county for any specific procedures you will need to follow. Click here to find the location of your Clerk's office. You should print the steps for your county and take them with you to use as a checklist.]]>Cook County StepsClick on the title below to view and print step-by-step instructions:Steps for Getting Guardianship of an Adult in Cook County ]]>Listed below are other articles that you may find helpful.Note: You may leave this page when you click on a link below.]]>1779index.cfm?fuseaction=home.dsp_content&contentID=1779How to Waive Your Court Costs1386index.cfm?fuseaction=home.dsp_content&contentID=1386Senior Citizens Handbook - Guardianship of Adults3056index.cfm?fuseaction=home.dsp_content&contentID=3056Self-Help Resources in the Daley Center and Around Chicago