Family & Safety

Adults may be under guardianship for many reasons. You may have a disability or need support as you age. 

Adults under guardianship keep certain rights. Some rights depend on your situation, like voting rights. Other rights you keep no matter your situation. 

This article will explain the rights you retain regardless of your situation. If you still have questions about your rights, speak to a lawyer or your Guardian Ad Litem (GAL). You can contact organizations that help adults under guardianship, or you can contact groups like Equip for Equality. You can also call the Illinois Guardianship and Advocacy Commission at 866-274-8023.

Rights before guardianship is established 

As a person with a guardian, you have rights. You have rights in the guardianship process. Before guardianship is set up, a hearing must take place. You have the right to attend the hearing and go against the guardianship. You have the right to a lawyer, and you can ask for a jury to decide your case. You have the right to give evidence at the hearing and to ask questions of any witnesses who testify at the hearing. 

You can ask for your own medical evaluation, but you will have to pay for it. 

You can challenge the reach of the guardian’s power. Learn more about fighting a request for guardianship.

You also have the right to tell the court who you would like to be your guardian, though the court gets to make the final decision about who will be your guardian.

Rights after guardianship is established

After guardianship has been set up, you keep the right to request changes. You might want a different guardian or to end the guardianship. Learn more about filing a petition to change the terms of guardianship. 

The guardian has to follow your wishes and support your independence as much as possible.

You have the right to attend counseling sessions, and you do not need your guardian’s permission. You are entitled to 12, hour-long counseling sessions. You will be responsible for the cost of these 12 sessions if your guardian is not aware of them. After these 12 sessions, you will need your guardian’s permission to continue.

You have the right to maintain contact with family members and other people who are important to you. Also, if you disagree with your guardian about receiving certain types of mental health treatment, you can ask the court to have a hearing to decide if you should receive this treatment.

What if I am being abused by my guardian?

Abuse in guardianships can look different. Abuse can depend on what responsibilities your guardian has. Abuse could be your guardian denying you health care or treatment, or taking advantage of your money or property. 

The Adult Protective Services Act defines abuse as:

• Causing physical, mental, or sexual harm to the person;
• Exploiting the person financially;
• Abandonment; and
• Putting the person in an environment that might harm their health, wellbeing, or welfare.

If you are being abused by your guardian, you may want to contact your GAL. When your guardian was first assigned to you, the judge may have appointed a GAL to meet with you. A GAL can be a lawyer or advocate, but is different from your lawyer. After you contact the GAL about the abuse, they will reach out to the judge. You can also contact your case's judge directly. Your judge’s contact information should be on the forms you received at the guardianship hearing.

You can also call the courthouse and ask for the judge’s contact information. You can also contact organizations like Equip for Equality or the Illinois Guardianship and Advocacy Commission at 866-274-8023.  You can also report abuse to the Illinois Adult Protective Services Hotline at 866-800-1409. The report can be made anonymously.

After you report the abuse, your guardian will be required to go to court. Your guardian will not be responsible for you during this time.