Family & Safety

To get guardianship When a person is appointed by a judge to take care of a child or an adult with a disability of an adult Any person 18 years old or over (18 years or older), you will need to fill out several court forms and file them in court. The person you are seeking guardianship over also must be made aware of the proceedings and is entitled to participate and give their opinion.  

To begin, you will first need to gather the following information:

• An estimate of the total value of the proposed ward A person who has a guardian appointed by the court to care for and take responsibility for them 's (the alleged adult with a disability A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning. ) personal assets Anything a person owns that has financial value , including bank accounts and cars;
• A list of any real estate Property consisting of land or buildings like a house or an apartment the proposed ward owns and the value of the real estate, especially if the property will be sold;
• The proposed ward's yearly income, including pensions, social security, disability, rent, and wages The amount of money that a person is paid for work they do . Please note, if you are filing your case in Cook County and the proposed Ward has assets other than Social Security, you must hire an attorney to represent you to serve Giving court documents to someone as Guardian of the Estate All of the property a person owns at their death . 
• A list of the proposed ward's closest living relatives, such as parents, siblings, spouse, and children;
• A doctor's report that is no more than three months old specifying that a form of guardianship is needed because the proposed ward cannot make personal or financial decisions on their own.  Note that a licensed physician must write this report, except in the case of an intellectual disability in which case a clinical psychologist licensed under the Clinical Psychologist Licensing Act can write the report.

Adult guardianship forms may differ depending on your county. Talk to your circuit clerk The office that takes care of files and documents for circuit court cases of court about where to get the forms you will need.

If you are in Cook County, you can use the following process.  Fill out and sign the forms listed below. Make at least three copies of each form:

• Petition for Appointment of Guardian for Person with a Disability: Complete this form to help you become the guardian of an adult with a disability.
• Probate Division Cover Sheet: Use this form and attach it to the front of your Petition when filing your initial petition in court.
• Summons for the Appointment of Guardian for Person with a Disability: These forms let the adult know that you are filing a guardianship case.
• Notice of Motion to the Respondent's Relatives: This form lets the proposed ward A person who has a guardian appointed by the court to care for and take responsibility for them 's relatives know about the guardianship case.
• Order Appointing Plenary Guardian of a Person with a Disability:  This is the document the judge will sign if they decide to make you a plenary guardian.
• Order Appointing Temporary Guardian of Person with a Disability: This is the document the judge will sign if they decide to make you a temporary guardian.​ This document is only necessary if you file a Temporary Petition for Guardian of a Person with a Disability. 

You need the originals and one copy of these forms:

• Oath and Bond of Representative (with or without Surety): This is a form that acts as the representative's promise to act in the best interests of the proposed ward.
• Doctor's Report: This form should be no more than three months old and should specify that guardianship is needed because the proposed ward can't make decisions on their own.
• Order Appointing Guardian Ad Litem (GAL) for Alleged Person with a Disability: Bring a blank original copy to your court date in case the court wants to appoint a GAL.
• Order Appointing Plenary Guardian for Person with a Disability: Bring a completed, original copy to your court date in case the court wants to appoint a Plenary Guardian.
• Statement of Rights: This form is mailed to the Ward after a Guardian is appointed. The judge’s clerk will mail the form, but you should fill it out before your court date and bring two copies. 

If you do not have money to pay court fees, you should also fill out the below application:

• Application for Waiver of Court Fees: Asks the court to participate in the court case for free if you do not have money to pay the court filing fees.  This document can only be completed if you are not represented by an attorney.

All above forms can be found at the Circuit Court of Cook Country Adult Guardianship Estates site under "court forms."

How you will find out about the court date (or hearing When the parties in a case present their sides of a case to a judge or other officer date) and time depends on how you filed your case.

• E-filing Short for "electronic filing." You file court papers using a computer instead of handing them to the clerk in person. This is required in Illinois as of 1/1/18. : The website you used to electronically file will automatically assign a court date for you. The date and judge assignment will be listed on the file-stamped copy of your Petition (noun) A written request to a court (verb) To request from a court . 
• Paper filing: If you file in person at the courthouse, the clerk will let you pick or they may pick for you. Illinois now requires that all civil cases be e-filed. You may have to obtain an e-filing waiver A document that gives up a legal right or excuses a requirement from the Clerk of Court in your county to paper file your documents. 

If you are able to pick your court date, make sure the court date is at least 14 days away so that you will have time to serve Giving court documents to someone Respondent A person who has a petition filed against them with the paperwork, notify any relatives and get the return receipt Proof of delivery with the recipient's signature, and the date and time of delivery back. Ask which Probate A court process where a person's property is given out after they die Calendar the case has been assigned to, which includes the name of the judge hearing the case and the courtroom number where the hearing will take place.

If you are requesting a temporary guardian, you must also file a Petition to Appoint a Plenary Guardian and give notice of the time and place of the hearing at least three days before the hearing is scheduled. Notice must be given to:

• The proposed ward A person who has a guardian appointed by the court to care for and take responsibility for them ,
• The proposed temporary guardian (if someone other than you), and
• Any other people whose names are listed in the Petition for Appointment of Guardian .

After you get a hearing When the parties in a case present their sides of a case to a judge or other officer date and case number A number assigned to a case that is on every paper filed in the case , fill the information in on the Summons A notice to a defendant that a lawsuit against them was filed in a court and that the defendant has to show up in court form and file it using the same method you used when you filed the Petition (noun) A written request to a court (verb) To request from a court . Take two copies of the filed Summons and Petition to the sheriff A county officer who can serve people with summons. They can evict someone with a court order. 's office to serve Giving court documents to someone the Summons for Appointment of Guardian for a Person with a Disability A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning. . Notices of the hearing must include the court date, time, and location. The respondent A person who has a petition filed against them in the case (the alleged person with a disability) must be personally served by either the sheriff or special process server Someone other than a sheriff who serves a summons . They must receive a copy of the Petition, Summons, and Notice of Rights of Respondent if not already included in the Summons.

The Notice of Motion A document that gives notice to the court and the other party. It explains someone has filed a motion, and where and when that motion will be argued before a judge. , including the court date, time, and location must be sent to all of the adult Any person 18 years old or over relatives that were listed on Exhibit A document introduced as evidence in a trial A of the Petition to tell all parties that they may appear and participate in the court hearing. If the hearing will take place on Zoom, you must also send Zoom login information for your assigned courtroom.

Interested parties such as siblings, adult children, and parents may be served by U.S. mail postage pre-paid or other method as allowed.  Note however that some judges may require personal service and not service through the mail in some situations, such as if the proposed ward A person who has a guardian appointed by the court to care for and take responsibility for them is a young adult and one of the parents lives out of the state.

When you go to the initial hearing When the parties in a case present their sides of a case to a judge or other officer , you must bring:

• The proposed ward A person who has a guardian appointed by the court to care for and take responsibility for them , if possible
• Copies of all of your forms, including:
  • Your filed and stamped copy of the Petition (noun) A written request to a court (verb) To request from a court
  • The original and two copies of the Order
  • The original doctor's report 
  • One original and two copies of the Oath and Bond of Representative - No Surety/Surety  
  • One copy of each Notices of Motion A request to the judge to make the court or a party in the case do something sent to each relative
  • Proof that the proposed ward received the summons A notice to a defendant that a lawsuit against them was filed in a court and that the defendant has to show up in court and that notices were sent to those listed on the Petition

Three court orders for the judge to sign if they decide to make you the guardian:

• Order Appointing Plenary Guardian for a Person with a Disability A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning.  (completely filled out)
• Order Appointing Limited Guardian for a Person with a Disability  (completely filled out)
• Order Appointing Temporary Guardian for a Person with a Disability (completely filled out)

The proposed ward should come to court if they can. If they cannot come because of their disability, bring proof. For example, bring a doctor's note that says why they cannot come to court. If they cannot come, the court will appoint a guardian ad litem to meet with the proposed ward and attend the hearing as well as file a report of their findings.

The court may allow you to attend the hearing by video conference as long as everyone involved agrees. You can testify To answer questions under oath  by video from anywhere as long as the court approves it.

If the judge thinks you should be the guardian of the proposed ward, they will sign the Order, which is the official document that makes you the guardian. The Order will say what type of guardian you are. You should also receive Letters of Office in the mail or by email, which serve Giving court documents to someone as proof that you are the guardian. In the first year of guardianship When a person is appointed by a judge to take care of a child or an adult with a disability , you must complete an online training course and submit a completion certificate to the Court. The Order appointing you will have instructions for completing the training. 

Please note that some counties are holding their guardianship hearings via Zoom, particularly Cook County. In that case, you should email the documents above to the judge assigned to your case two to five days before your hearing date. Judges' email addresses are available on the court’s website.

If the court makes you guardian of an adult Any person 18 years old or over , you must remember the following:

• If the adult moves, it must be approved by the court;
• You must file an annual report every year;
• You may need to file a yearly accounting report if appointed guardian of the estate All of the property a person owns at their death ;
• If the adult dies, you must tell the court and probate A court process where a person's property is given out after they die may be opened prior to the guardianship When a person is appointed by a judge to take care of a child or an adult with a disability case being closed; and
• If you can no longer be the guardian, you must tell the court.