September 12, 2025
By:
Samantha J. Martin
The Adult Guardianship Process: The Who, What, Where, Why & How
Who needs a guardian and who can serve as one?
Very commonly, the person under guardianship is an older adult with cognitive impairment, such as dementia or Alzheimer’s. In this scenario, typically a family member, such as a son or daughter, petition the court to be appointed as guardian of their loved one so that they can manage his or her affairs. At the other end of the spectrum, it is also common for parents of a disabled child to petition for guardianship once their child turns 18.
An individual can serve as a guardian if they meet the basic statutory requirements:
1.) is over the age of 18,
2.) is a resident of the United States,
3.) is not of unsound mind,
4.) has never been adjudicated as disabled in a court proceeding; and
5.) has never convicted of a felony.
If there is no individual willing or qualified to act, a professional guardian, such as a care management company or a bank, may be appointed. If there are not sufficient funds available to pay these entities, either the Office of the Public Guardian or the Office of the State Guardian may be the only option.
What is guardianship and what are the types?
You may petition the court to be Guardian of the Person, Guardian of the Estate, or both. The Guardian of the Person is tasked with managing personal decisions, namely, medical care and living arrangements of the disabled person. Guardian of the Estate is responsible for all real and personal property belonging to the disabled person, including managing real estate, monitoring financial accounts, assets, income, and paying bills.
If a person is totally incapable of making personal and financial decisions, a plenary (full) guardianship will be required. If a person is partially incapable of making personal and financial decisions, a limited guardianship will be required. If a person is under limited guardianship, they can retain some management of their affairs. When drafting the order for limited guardianship, you will need to be specific as to what authorities the person under guardianship is retaining (e.g., able to spend up to $100 per month, able to receive copies of their own bank statements).
Where do you file for guardianship?
A guardianship petition needs to be filed in the county in which the disabled person legally resides.
Why is guardianship necessary?
Guardianship is required when a person needs a decision-maker because he or she is no longer capable of making their own personal and/or financial decisions. Guardianship can be avoided if the person signs a proper Power of Attorney document when they have the capacity to do so. Oftentimes, people never “get around to” preparing their estate plan documents, which leads to the necessity of court involvement in the future.
Jessica’s father was diagnosed with late-stage Alzheimer’s and never signed Powers of Attorney. To help manage his care and finances, Jessica petitioned the court for guardianship. After submitting the required physician’s report and attending a court hearing, she was appointed as Guardian of the Person and Guardian of the Estate.
How do you become a legal guardian?
To become a guardian, you must:
1. Obtain a Physician’s Report
Each county in Illinois has its own version of the physician’s report form. A licensed physician must identify the nature of the disability, whether the individual is partially or totally incapable of making personal and/or financial decisions, and what type of care is recommended.
2. File the Petition for Guardianship
The petition must include details about the nature of the disability, the individual’s residence, next of kin, amount of assets (if applicable), and information regarding the proposed guardian.
3. Serve the Petition on Respondent and Provide Notice to Next of Kin
The alleged disabled person (the “Respondent”) will need to be served with the petition at least 14 days prior to the hearing. Notice must also be mailed to the next of kin.
4. Sign the Oath and Bond and Begin Fiduciary Duties
If appointed, the Guardian must sign an oath and post a bond. A surety bond is typically required for Guardian of the Estate to protect the assets of the disabled person.
5. Attend the Hearing and Answer the Courts Questions
At the hearing, the Judge will verify that proper service and documentation have been completed and will ask the Petitioner the statutory qualifying questions. If the Respondent is present, the Judge will ask the Respondent if they have any objections to a guardian being appointed. If not present, the Guardian ad Litem—an attorney appointed to represent the Respondent’s best interests—will provide a recommendation to the court.
6. Submit Required Updates to the Court
Once appointed, the guardian enters a fiduciary relationship with the disabled person and must submit reports and accountings to the court, at least annually.