Family & Safety

If you are an adult, the only way someone may become your legal guardian in Illinois is by going to court. An adult may ask the judge to appoint a legal guardian for you if you have a legal disability that interferes with your ability to make and communicate decisions to manage your personal care or finances. The person or agency that asks the judge to appoint a guardian is called a "petitioner." That person must file certain documents with the court to begin a case to become your guardian.   

Who can ask for [no-lexicon]guardianship[/no-lexicon] over me?

Anyone, including a family member or the state, can ask for guardianship over someone. Generally, a guardian may be anyone who:

• Is 18 years or older,
• Is a resident of the United States,
• Has not been convicted of a serious crime,
• Does not have a legal disability, and
• Who is of sound mind, meaning logical or stable.

A judge must find that the guardian is suitable. A family member is not automatically appointed as guardian for a relative. 

If you are over the age of 18, your parents are no longer your guardians unless a court has appointed one or both of them as your guardian.

How will I know if someone has requested legal guardianship over me?

The law requires a hearing in court to decide whether a guardian should be appointed for you. The law also requires that you receive notice in writing at least 14 days before the hearing. If you receive a notice that someone is seeking a guardian for you, contact a lawyer right away so that you can understand your options.

The notice will include a copy of the petition filed with the court. The petition will show who is asking for a guardian, what type of guardian they want, and their reasons for asking for a guardian.

How can I fight the request for a guardian?

If you want to fight the request for a guardian, it is important that you go to the hearing. You should prepare for it, preferably with the help of a lawyer.

If you want a lawyer but cannot find one to help you, you should ask the court. If you ask for a lawyer, either before the hearing or at the hearing, the court may appoint a lawyer for you. You may have to pay for the appointed lawyer if the court thinks you can afford it.

If you want to attend the hearing but have difficulty with transportation or mobility, you should contact the court using the information provided in the notice.  You should also contact the court if you cannot attend the hearing in person or do not feel safe going to the hearing for any reason. If you don't attend the hearing, it will go on without you.

You have the right to present evidence at the hearing that will help decide whether you need a guardian for all or some of your decisions. You should contact people who know you and your abilities and ask them to come to the hearing to testify on your behalf. You will want to show at the hearing that you can make decisions and effectively communicate those decisions.

What are my rights at the hearing?

You have the right to:

• Be present at the hearing,
• Be represented by a lawyer at the hearing,
• Tell the judge that you do not want a guardian,
• Present evidence and ask witnesses questions,
• Ask the judge to appoint an independent expert to examine you and give an opinion on whether you need a guardian,
• Ask for a jury to decide your case instead of a judge,
• Ask that the hearing be conducted closed to the public, 
• Tell the judge who you would like to have as your guardian if the judge decides that you need a guardian, and
• Ask a judge to find that although you lack some capacity to make your own decisions, you can make other decisions, and therefore, it is best for the court to appoint only a limited guardian for you. 

What is a [no-lexicon]Guardian ad Litem[/no-lexicon]?

A Guardian ad Litem is a legal name for a person, either a lawyer or other trained professional, whose job it is to advise the court as to whether there is a need for the requested guardianship. A judge may appoint a Guardian ad Litem in your case to help decide whether you need a guardian. The Guardian ad Litem is not your guardian or your lawyer. 

The Guardian ad Litem’s duty is to find out and tell the court what he or she believes to be in your best interests. If the judge appoints a Guardian ad Litem in your case, that person must meet with you and tell you about the pending court proceedings. The Guardian ad Litem must also try to find out what you think about:

• The proposed guardianship,
• The proposed guardian, and
• Any changes in where you would live or changes in your care if the guardianship were approved.

The Guardian ad Litem will file a written report with the judge. They will also be present and testify at your hearing about whether the guardianship is necessary. 

If the court appoints a guardian, does the guardian have to do what I ask?

The guardian must honor your wishes as much as possible. They must also support your independence. The guardian is supposed to make decisions as you would have if you were competent. The guardian should use your stated wishes as guidance. If your guardian cannot determine what your wishes are, the guardian must make decisions in your best interest.

What other options might be available besides guardianship?

The guardianship can be limited in many ways to suit your needs. Ask the judge if you'd like to limit the guardian's power in any way. For example, you'd like to make certain decisions.

Other tools exist to help people with disabilities manage their affairs that are less intrusive and less drastic than guardianship. Some of these tools are:

• Power of attorney for property,
• Power of attorney for healthcare,
• Health care surrogacy,
• Mental health advance directives, also called living wills,
• Representative payees,
• Bill-paying assistance programs,
• In-home support, 
• Supported decision-making agreements, and
• Advocacy services.

Where can I learn more?

The Illinois Guardianship and Advocacy Commission and Equip for Equality are two resources you can reach out to for help.