Guardianship Legal Services in DeKalb County, Illinois

For some members of our society, legal protection may be necessary even after they have entered adulthood. These individuals may have been injured in an accident, continue to suffer from an incapacitating physical illness or psychological disorder, or have some other condition that prevents them from caring for themselves. In these cases, a guardianship may be established through the Illinois court system.

Our attorneys represent petitioners seeking to establish guardianships, serve as court-appointed guardians ad litem, and advise existing guardians on their ongoing legal responsibilities. We handle guardianship matters in DeKalb County Circuit Court and throughout Northern Illinois.

What Is a Guardianship?

Guardianship — also referred to as conservatorship — is a legal arrangement that places an individual (known as the ward or protected person) under the supervision of a guardian or custodian appointed by the court. There are two main types of guardianship: guardianship of the person, which covers personal and medical decisions, and guardianship of the estate or property, which covers financial matters. In many cases, a guardian serves in both roles.

A guardian is typically a family member, friend, or professional fiduciary appointed by the court. A protected person can be a minor without a parental guardian or an adult who can no longer make safe and sound decisions about his or her own person or property. A person may also be placed under guardianship if they are prone to fraud or undue external influence.

While guardianship does attempt to maintain the protected person’s independence, it should only be considered in appropriate cases — it is a significant legal step that can materially limit the rights and privileges of the individual, including:

• Choosing residence
• Providing informed consent to medical treatment
• Making end-of-life decisions
• Making property transactions
• Obtaining a driver’s license
• Owning, possessing, or carrying a firearm or other weapon
• Contracting or filing lawsuits
• Marriage
• Voting

How Is a Guardianship Established in Illinois?

In Illinois, guardianship is established through a court proceeding. A family member or other interested party files a petition with the circuit court in the county where the proposed ward lives. The court will appoint a guardian ad litem — an independent attorney — to investigate the situation and report back to the court on whether guardianship is appropriate and in the best interests of the proposed ward. The proposed ward has the right to notice of all proceedings, the right to attend the hearing, and the right to be represented by their own attorney.

If the court determines that guardianship is warranted, it will appoint a guardian and issue Letters of Guardianship, which give the guardian legal authority to act on the ward’s behalf. Once appointed, guardians have ongoing legal obligations to the court and to the protected person.

Right to Due Process

Illinois law protects the rights of individuals facing guardianship proceedings. The proposed ward is entitled to notice of — and the ability to attend — all legal proceedings related to the guardianship. In addition, the protected person may obtain representation by an attorney, present evidence, and confront and cross-examine all witnesses.

Guardianship of the Person

Guardianship of the person gives the appointed guardian authority over the personal and medical decisions of the protected person. The guardian’s responsibilities typically include:

• Determining and maintaining the protected person’s residence
• Providing informed consent to and supervising medical treatment
• Consenting to and supervising non-medical services such as education, psychiatric care, or behavioral counseling
• Making end-of-life decisions
• Paying debts and other personal expenses
• Maintaining the protected person’s autonomy as much as possible

In Illinois, the guardian of the person is generally required to file an annual report with the court detailing their activities and the condition of the protected person.

Guardianship of the Estate or Property

Guardianship of the estate gives the guardian authority over the protected person’s financial affairs. The guardian’s responsibilities typically include:

• Organizing, gathering, and protecting assets
• Arranging appraisals of property
• Safeguarding property and assets from loss whenever possible
• Managing income from assets
• Making appropriate payments on behalf of the protected person
• Obtaining court approval prior to any sale of major assets
• Reporting to the court on the estate’s status on a regular basis

Many guardianships are temporary arrangements, meant to protect an incapacitated individual until he or she regains capacity. When a ward regains the ability to manage their own affairs, a petition can be filed with the court to terminate the guardianship.

Guardianship of Minors in Illinois

Guardianships may also be used to protect the legal rights of a minor. In the event that a parent is no longer able to act on behalf of his or her child — due to illness, incarceration, financial instability, or other circumstances — a guardian, usually a relative, may be appointed by the court.

Unlike an adoption, a guardianship does not terminate parental rights. Parents may remain responsible for financially supporting the child, and the guardianship can be modified or terminated if the parent’s circumstances change. In most instances, parental approval is sought prior to any legal proceedings.

A minor may be considered for legal guardianship if his or her parent cannot provide shelter, does not have a steady income, suffers from an illness, or is incarcerated.