Illinois Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Illinois court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on Probate Act of 1975, 755 ILCS 5/, Article XIa (adults with disabilities) and Article XI (minors)

By Settled Estate EditorialPublished: June 28, 2026Updated: July 18, 2026

What guardianship and conservatorship mean here

Guardianship in Illinois is a circuit court proceeding under the Probate Act of 1975. For an adult, the court may appoint a guardian of the person, a guardian of the estate, or both, but only after clear and convincing evidence shows the person is a person with a disability under 755 ILCS 5/11a-2 and cannot make responsible personal decisions or manage his or her finances. The law requires the least restrictive arrangement: guardianship may be used only as necessary for the ward's well-being and only to the extent required by the person's actual mental, physical, and adaptive limitations, so courts prefer a limited guardianship over a plenary one. The respondent receives a guardian ad litem, at least 14 days' notice, a hearing set within 30 days of filing, appointed counsel on request, and the right to demand a jury of 6. Separate Article XI rules cover guardians for minors, where filing is free statewide.

Illinois calls both fiduciaries 'guardian': a guardian of the person makes decisions about support, care, comfort, health, education, and residence (755 ILCS 5/11a-17), and a guardian of the estate manages money and property (755 ILCS 5/11a-18). What many other states call a conservator is the Illinois guardian of the estate; 'conservator' survives in the Probate Act only as the label for fiduciaries appointed under prior law. An adult who needs a guardian is a 'person with a disability' (755 ILCS 5/11a-2), and the statute still calls the protected person the 'ward'. A guardianship may be plenary (full) or limited to the powers listed in the court's order (755 ILCS 5/11a-12, 11a-14).

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Plenary Guardian of the Person

Appointed when clear and convincing evidence shows an adult is totally without capacity to make or communicate responsible decisions about personal care and a limited guardianship would not give enough protection. The guardian makes decisions about the ward's support, care, comfort, health, education, and residence under the court's direction, and must help the ward develop maximum self-reliance.

755 ILCS 5/11a-3, 11a-12(c), 11a-17

Plenary Guardian of the Estate

Appointed when clear and convincing evidence shows an adult cannot manage his or her estate or financial affairs. The estate guardian has the care, management, and investment of the estate, must manage it frugally, applies income and principal for the ward and dependents, files a bond, an inventory within 60 days of letters, and verified accounts with the court.

755 ILCS 5/11a-3, 11a-18, 12-5, 14-1, 24-11

Limited Guardian (Person or Estate)

Appointed when the person lacks some but not all capacity. The written order lists the specific duties and powers of the guardian and the legal disabilities of the ward; the ward keeps every right not expressly removed, and the appointment is not a finding of legal incompetence. Illinois law directs courts to order guardianship only to the extent necessitated by the individual's actual limitations.

755 ILCS 5/11a-3(b), 11a-12(b), 11a-14

More guardianship types8 additional arrangements courts use in specific situations, with statute cites

Temporary (Emergency) Guardian

Appointed while the main guardianship petition is pending (or during an appeal, a citation proceeding, or after a guardian dies, becomes incapacitated, or resigns) on a showing that the immediate welfare and protection of the alleged person with a disability or the estate requires it. The order must list the temporary guardian's specific limited powers and the actual harm found; the appointment expires within 60 days, extendable in a pre-adjudication case to no more than 120 days total.

755 ILCS 5/11a-4

Standby Guardian for an Adult with a Disability

A person the current guardian designates, in any writing including a will signed before 2 or more credible adult witnesses, and the court then appoints on petition to take over when the guardian dies, consents, or can no longer carry out day-to-day care decisions. After taking over, the standby guardian may act without court direction for up to 60 days and must petition for regular appointment within 60 days.

755 ILCS 5/11a-3.1, 11a-8.1, 11a-18.2

Short-Term Guardian for an Adult with a Disability

A helper the current guardian appoints in a written, witnessed instrument without court approval to cover periods when the guardian is unavailable or unable to act. The appointment takes effect when signed (or on a stated date or event) and may run a cumulative total of 60 days in any 12-month period; only one instrument may be in force at a time.

755 ILCS 5/11a-3.2, 11a-18.3

Testamentary Guardian for an Adult Child with a Disability

A parent of a person with a disability may designate by will the person, corporation, or public agency to be appointed guardian (or successor guardian) of the adult child's person or estate or both. The designation takes effect only when no guardian is acting, is proved in the manner provided for proof of a will, and the court appoints the designee if that serves the ward's best interests.

755 ILCS 5/11a-16

Guardian of a Minor (Person or Estate)

The court may appoint a guardian of the person, the estate, or both for a child under 18 when that serves the child's best interest, but it lacks jurisdiction if the minor has a living parent whose rights are intact and who is willing and able to make day-to-day child care decisions, unless the parent consents, fails to object after notice, or has relinquished custody. A minor aged 14 or more may nominate the guardian subject to court approval, and a guardian of a minor's estate must give bond.

755 ILCS 5/11-5, 11-13, 12-2

Standby Guardian of a Minor

A person a parent (or the guardian of the person) designates in any writing including a will, signed before 2 or more credible adult witnesses, and the court appoints in advance to step in when the parent dies, consents, or can no longer make day-to-day child care decisions. If a standby guardian was appointed before a later guardianship petition, the court appoints the standby guardian absent good cause.

755 ILCS 5/11-5.3, 11-5(b-1)

Short-Term Guardian of a Minor

A parent (or guardian of the person) may appoint a short-term guardian for a child in a written, witnessed instrument without any court involvement, effective immediately or on a stated date or event, for up to 365 days. The other parent must consent by signing if willing and able; an appointment made because of an immigration-related administrative separation may be renewed for another 365 days, and special extension rules apply to military parents.

755 ILCS 5/11-5.4, 11-13.2

Public Guardian and Office of State Guardian

When no family member or other qualified person is available, the court may appoint the county public guardian for an adult with a disability whose estate exceeds $25,000, and appoints the State Guardian (Illinois Guardianship and Advocacy Commission) when an adult with a smaller estate needs guardianship services.

755 ILCS 5/13-5

The Illinois guardianship court process

1File the Petition in the Circuit CourtAny reputable person, or the person with the alleged disability, files a petition for adjudication of disability and appointment of a guardian in the circuit court of the county where the respondent resides (for a nonresident, where the real or personal estate is located).

Any reputable person, or the person with the alleged disability, files a petition for adjudication of disability and appointment of a guardian in the circuit court of the county where the respondent resides (for a nonresident, where the real or personal estate is located). The petition states the relationship of the petitioner, the reasons for guardianship, the nearest relatives, the approximate value of the estate, and the proposed guardian (755 ILCS 5/11a-3(a), 11a-7, 11a-8).

2Attach the Physician's ReportThe petition should be accompanied by a report describing the disability and how it affects decision making, based on evaluations performed within 3 months of filing (for an intellectual disability, a licensed clinical psychologist's evaluation within one year), with an opinion on whether guardianship is needed and its proper scope, signed by the evaluators, at least one of whom is a licensed physician.

The petition should be accompanied by a report describing the disability and how it affects decision making, based on evaluations performed within 3 months of filing (for an intellectual disability, a licensed clinical psychologist's evaluation within one year), with an opinion on whether guardianship is needed and its proper scope, signed by the evaluators, at least one of whom is a licensed physician. If no report accompanies the petition, the court orders evaluations and a report filed at least 10 days before the hearing (755 ILCS 5/11a-9).

3Guardian ad Litem Appointed and Respondent ServedThe court appoints a guardian ad litem to observe the respondent in person, explain the petition and the respondent's rights orally and in writing, report to the court, and testify at the hearing (unless the court finds a guardian ad litem unnecessary).

The court appoints a guardian ad litem to observe the respondent in person, explain the petition and the respondent's rights orally and in writing, report to the court, and testify at the hearing (unless the court finds a guardian ad litem unnecessary). Unless the respondent is the petitioner, the respondent must be personally served with the petition and a large-type summons stating his or her rights at least 14 days before the hearing (755 ILCS 5/11a-10(a), 11a-10(e)).

4Counsel for the RespondentThe court must appoint counsel for the respondent on request, or whenever the respondent takes a position adverse to the guardian ad litem, and may appoint counsel whenever the respondent's interests are best served by it.

The court must appoint counsel for the respondent on request, or whenever the respondent takes a position adverse to the guardian ad litem, and may appoint counsel whenever the respondent's interests are best served by it. The summons tells the respondent about this right (755 ILCS 5/11a-10(b)).

5Hearing Within 30 DaysThe court sets the hearing within 30 days of filing.

The court sets the hearing within 30 days of filing. The respondent is entitled to be present, to be represented by counsel, to demand a jury of 6, to present evidence, and to confront and cross-examine witnesses; the hearing may be closed on request. The court inquires into the respondent's intellectual and physical functioning, capacity for personal and financial decisions, and living arrangements (755 ILCS 5/11a-10(a), 11a-11).

6Adjudication and Order of AppointmentGuardianship may be ordered only on clear and convincing evidence of disability.

Guardianship may be ordered only on clear and convincing evidence of disability. If the person lacks some but not all capacity, the court appoints a limited guardian and its written order lists the guardian's powers and the ward's legal disabilities; only if a limited guardianship would not protect the person does the court appoint a plenary guardian. The court gives due consideration to the ward's preference, and the order requires the guardian to complete a training program and file a certificate within one year of letters unless exempt (755 ILCS 5/11a-3, 11a-12).

7Oath, Bond, Letters, and Ongoing SupervisionThe guardian takes an oath and files a court-approved bond before acting; the court may waive bond for a guardian of the person only, and an estate guardian's bond is generally 1.5 times the personal estate with a surety company.

The guardian takes an oath and files a court-approved bond before acting; the court may waive bond for a guardian of the person only, and an estate guardian's bond is generally 1.5 times the personal estate with a surety company. Letters of guardianship then issue. The estate guardian files a verified inventory within 60 days and accounts with the court (first account due within 30 days after the first anniversary of letters), and the personal guardian reports on the ward at intervals the court directs (755 ILCS 5/12-2, 12-5, 14-1, 24-11, 11a-17(b)).

How long it takes

The statute requires the hearing to be set within 30 days of filing (755 ILCS 5/11a-10(a)) with personal service at least 14 days beforehand, so an uncontested adult guardianship is commonly decided about one to two months after filing; contested cases and jury demands take longer. A temporary guardian can protect the person or estate during the gap for up to 60 days, extendable to no more than 120 days total while the petition is pending (755 ILCS 5/11a-4). After appointment, duties continue for the life of the guardianship: personal-guardian reports at court-set intervals (755 ILCS 5/11a-17(b)), the estate inventory within 60 days of letters (755 ILCS 5/14-1), and verified accounts beginning within 30 days after the first anniversary of letters and then on the court's schedule, at least every 3 years (755 ILCS 5/24-11).

Alternatives to consider before guardianship

Durable Power of Attorney for Property

Lets a competent adult name an agent for financial and property decisions. An Illinois agency continues until the principal's death despite later disability, incapacity, or even the appointment of a guardian, and absent a court order the guardian has no power, duty, or liability over property the agency covers, so a well-drafted power of attorney usually makes a guardianship of the estate unnecessary. The statutory short form even lets the principal nominate the agent as guardian of the estate if one is ever needed.

755 ILCS 45/2-5, 45/2-10(g), 45/3-3 (Illinois Power of Attorney Act)

Power of Attorney for Health Care

Lets a competent adult name a health care agent. Absent a court order under the Illinois Power of Attorney Act, a guardian has no power over personal or health care matters the agency covers, and the statutory form lets the principal nominate the agent as guardian of the person. This is the standard way to avoid a guardianship of the person for medical decisions.

755 ILCS 45/ Art. IV; 755 ILCS 5/11a-17(c)

Health Care Surrogate Act Decision Making

When a patient lacks decisional capacity and has no available health care agent, Illinois law lets a surrogate make medical decisions without any court order, in priority order: guardian of the person, spouse, adult child, parent, adult sibling, adult grandchild, close friend, then guardian of the estate (a temporary custodian authorized under the Juvenile Court Act ranks last, for certain minors). This statutory ladder often removes the need for a guardianship sought only for medical consent.

755 ILCS 40/25 (Health Care Surrogate Act)

Supported Decision-Making Agreement

An adult with an intellectual or developmental disability may sign an agreement with a trusted supporter who helps the person understand options and communicate decisions without removing any legal rights. The Act declares itself a less-restrictive alternative to guardianship, and signing an agreement is not evidence of incapacity.

755 ILCS 9/ (Supported Decision-Making Agreement Act, P.A. 102-614, eff. 2-27-2022)

Living Will

A written declaration under the Illinois Living Will Act instructing the physician to withhold or withdraw death delaying procedures in the event of a terminal condition, so end-of-life wishes are documented without court involvement.

755 ILCS 35/ (Illinois Living Will Act)

Limited Guardianship and the Least-Restrictive Mandate

Even when some guardianship is unavoidable, Illinois law requires it to be used only as necessary for the ward's well-being, neglect and abuse protection, and maximum self-reliance, and only to the extent necessitated by the person's actual mental, physical, and adaptive limitations. Courts must prefer a limited guardianship whose order removes only the listed rights.

755 ILCS 5/11a-3(b), 11a-12(b)

Representative Payee

Appointed by the Social Security Administration to receive and manage Social Security and certain other federal benefits for a beneficiary who cannot manage them. Limited to those federal benefits and requires no court proceeding.

42 U.S.C. 405(j)

Trust

Assets held in a trust can be managed by a successor trustee without court involvement if the settlor becomes incapacitated, avoiding a guardianship of the estate for those assets. Governed by the Illinois Trust Code.

760 ILCS 3/ (Illinois Trust Code)

Planning ahead: naming a guardian in advance

Naming a guardian in advance: Illinois expressly lets a competent adult choose a future guardian in advance. Under 755 ILCS 5/11a-6, a person of sound mind and memory may designate in writing the person, corporation, or public agency to be appointed guardian (or successor guardian) of his or her person, estate, or both if ever adjudged a person with a disability, and the court shall appoint the designee if that serves the ward's best interests and welfare. The statutory power of attorney forms add a second route: the property form lets the principal nominate the agent as guardian of the estate (to serve without bond or security), and the health care form lets the principal nominate the agent as guardian of the person. The stronger planning move is that a durable agency usually makes guardianship unnecessary: an Illinois power of attorney continues despite later incapacity or the appointment of a guardian (755 ILCS 45/2-5), and absent a court order the guardian has no power over property, personal, or health care matters the agency covers (755 ILCS 45/2-10(g), 755 ILCS 5/11a-17(c)). Parents may also designate a guardian for a minor child in any writing including a will (755 ILCS 5/11-5(a-1)), and a parent of an adult child with a disability may designate one by will (755 ILCS 5/11a-16).

Guardianship costs

Court filing fee: Set by each county within the fee schedules in 705 ILCS 105/27.1b. Opening an adult guardianship (person, estate, or both) runs about $314 to $379 depending on the county: Will County charges $314 and Cook County $379 under their October 1, 2025 schedules. Minor guardianship cases have a $0 filing and appearance fee statewide since October 1, 2025 (Illinois Supreme Court amendment to M.R. 29741). No clerk fee is charged for accounts filed in guardianship estates (705 ILCS 105/27.1b(v)(1)).
Court appointed attorney or guardian ad litem: $400 to $2,000 is a typical national range. The court sets the guardian ad litem's reasonable compensation and allocates guardian ad litem fees and costs in its discretion, and may allow reasonable compensation to appointed counsel for the respondent (755 ILCS 5/11a-10).
Medical or capacity evaluation: $300 to $2,000 for the report that should accompany the petition, prepared by at least one licensed physician based on evaluations performed within 3 months of filing, or, in the case of an intellectual disability, by a licensed clinical psychologist based on an evaluation within one year of filing (755 ILCS 5/11a-9).
Attorney fees for the proceeding: $2,500 to $8,000 or more for an uncontested case, higher if the adjudication or the choice of guardian is contested.
Bond premium: A guardian of the estate must file a court-approved bond, generally not less than 1.5 times the value of the personal estate with a surety company (double the value with individual sureties); premiums run roughly 0.5% of the bonded amount per year. The court may waive the bond of a guardian of the person only (755 ILCS 5/12-2, 12-5).
Annual reporting: Little to none if you prepare the reports and accounts yourself; $500 to $2,500 per year if a professional prepares them. The guardian of the person reports on the ward's condition at intervals the court directs (755 ILCS 5/11a-17(b)); the guardian of the estate files an inventory within 60 days of letters and verified accounts on the court's schedule (755 ILCS 5/14-1, 24-11), with no clerk fee for guardianship accounts (705 ILCS 105/27.1b(v)(1)).

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Illinois?

What are the alternatives to guardianship in Illinois?

Less restrictive alternatives in Illinois include Durable Power of Attorney for Property, Power of Attorney for Health Care, Health Care Surrogate Act Decision Making, Supported Decision-Making Agreement. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Illinois guardianship process take?

Do I need a lawyer to file for guardianship in Illinois?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Illinois courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Guardian vs. conservator in Illinois: what is the difference?

Statutes and sourcesOfficial references used for this page

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Information current as of July 18, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Illinois can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.