How Do You Become the Guardian of a Disabled Adult in Illinois?

 Posted on August 23, 2026 in Guardianship

Watching an adult loved one struggle to care for themselves or make important decisions can leave a family unsure of what to do next. When other forms of help are not enough, guardianship may give someone the legal power to step in.

In Illinois, becoming the guardian of a disabled adult requires filing a court case and showing that guardianship is needed. The court also decides who should serve as guardian and how much authority that person should have. A Chicago, IL adult guardianship attorney can help your family understand the process.

When Does an Adult Need a Guardian in Illinois?

Having a disability does not automatically mean that an adult needs a guardian. Illinois law looks at whether the disability affects the person's ability to care for themselves or manage their property.

Under 755 ILCS 5/11a-3, a court can appoint a guardian when there is clear and convincing evidence that the adult meets the legal definition of a person with a disability. The disability must prevent the adult from making or communicating responsible choices about their care.

Illinois law also says guardianship should only go as far as needed. The goal is to protect the adult while allowing them to remain as independent as possible.

Who Can Become the Guardian of a Disabled Adult in Illinois?

A proposed guardian must be at least 18 years old and a U.S. resident. They must also be able to demonstrate that they are capable of carrying out the role.

If the proposed guardian has a felony conviction, it does not necessarily prevent them from serving. The court may approve some people with past felony convictions after considering the offense and evidence of rehabilitation. However, certain convictions involving harm or threats to children, older adults, or people with disabilities will likely prevent their appointment. 

The judge also considers the wishes of the adult who may need a guardian. Above all, the court must focus on that person's best interests and well-being. 

How Do You Ask the Court to Appoint a Guardian in Illinois?

The process begins by filing a petition with the court. The petition will explain who the adult is and why they need a guardian's help, as well as who is proposed as the guardian. 

The main steps generally include:

• File a petition asking the court to appoint a guardian.

• Provide information about the adult and the proposed guardian.

• Submit the required professional report about the adult's condition.

• Attend a court hearing where the judge reviews the request.

The court generally sets the hearing within 30 days after the petition is filed. A guardian ad litem may also be appointed to look into the case. This is an independent person who helps the court understand the adult's needs and wishes.

What Medical Evidence Is Needed in Illinois for Adult Guardianship?

A guardianship petition should be supported by a professional report. According to 755 ILCS 5/11a-9, the report must explain the disability and how it affects the person's ability to make decisions or live independently.

The report also gives an opinion on whether guardianship is needed. In most cases, the evaluations used for the report must have been completed within three months before the petition is filed. Different timing rules can apply to some psychological evaluations. This evidence helps the court decide whether the legal standard for guardianship has been met.

What Is the Difference Between Limited and Plenary Guardianship?

Illinois courts do not have to give a guardian control over every part of an adult's life. A limited guardian only has authority over areas where the adult needs help, whereas a plenary guardian has broader authority when limited guardianship would not provide enough protection. 

The court may also appoint a guardian of the person to handle personal care or a guardian of the estate to handle only financial matters.

What Happens After You Are Appointed as Guardian in Illinois?

Becoming a guardian creates ongoing duties. The guardian must act in the protected adult's best interests and follow the court order.

The Guardianship and Advocacy Act, 20 ILCS 3955/33.5, was recently updated to require most adult guardians to complete an approved guardianship training program. They must file proof of completion with the court within one year after the letters of guardianship are issued. 

Some guardians are exempt, and courts may grant other exemptions for good cause. The training covers a guardian's duties and the rights of the person under guardianship.

Schedule a Free Consultation With a Cook County, IL Adult Guardianship Attorney

Taking legal responsibility for a disabled adult is a major step. At The Law Office of George J. Skuros, we take the time to explain the process and what outcomes are realistic. We also work hard to put clients in the best position to protect the people they care about. Call 312-884-1222 today to schedule a free consultation with a Chicago, IL guardianship lawyer.