If you’re caring for a loved one who cannot make decisions for themselves due to age, disability, or incapacity, you may need to seek legal guardianship. But what are the types of guardianships in Illinois? And how do you know which one is right for your situation?
In this blog post, we break down the different types of guardianships in Illinois — including temporary guardianship, plenary guardianship, and limited guardianship — so you can make informed choices and better protect those you love.
What Is Guardianship in Illinois?
Guardianship is a legal relationship in which a court appoints one person (the guardian) to make decisions on behalf of another person (the ward) who is unable to do so on their own. Guardianship may apply to minor children or adults with disabilities, and the guardian is responsible for making decisions related to personal care, finances, or both.
In Illinois, guardianship is governed by the Illinois Probate Act and requires court involvement from beginning to end.
Why Does the Type of Guardianship Matter?
Choosing the correct type of guardianship in Illinois is important because each one grants different powers and has different limitations. Some guardianships are temporary and designed for emergencies, while others are more permanent and long-term.
The court’s goal is always to protect the ward while also preserving as much independence as possible. That’s why understanding the various types of guardianships is crucial before filing any legal paperwork. If you have legal questions, contact Rincker Law for guidance at (217) 774-1373.
Types of Guardianships in Illinois
Let’s take a closer look at the most common types of guardianship recognized under Illinois law. These include plenary guardianship, limited guardianship, temporary guardianship, and standby guardianship, each offering different levels of authority and duration. Understanding the differences helps ensure the right legal protection is in place for your loved one.
Plenary Guardianship
A plenary guardianship gives the guardian full authority to make all decisions on behalf of the ward. This includes medical care, living arrangements, financial management, and more.
When is Plenary Guardianship Used?
Plenary guardianship is typically granted when the ward has a severe mental, physical, or developmental disability and cannot make safe or informed decisions in any major area of life. This is the most comprehensive form of guardianship available.
Example:
A court may appoint a plenary guardian for an adult with late-stage dementia who cannot manage personal care or finances and has no advance directives or power of attorney in place.
Limited Guardianship
A limited guardianship allows the guardian to make decisions in specific areas only. The ward retains decision-making power in other areas of their life.
When is Limited Guardianship Appropriate?
This type of guardianship is used when the ward is capable of making some — but not all — decisions independently. The court tailors the guardian’s responsibilities based on the ward’s needs.
Example:
A person with mild developmental delays may be able to manage their personal hygiene and daily routine but need help making financial or medical decisions.
Limited guardianship encourages autonomy and independence whenever possible.
Temporary Guardianship
A temporary guardianship is a short-term arrangement, often granted on an emergency basis.
When is Temporary Guardianship Used?
Temporary guardianship is usually used when:
- A parent or caregiver is temporarily unavailable or incapacitated
- There is an urgent situation involving a disabled adult or minor
- A full guardianship hearing cannot be held right away
The court may grant temporary guardianship for up to 60 days, and the guardian will have only the authority needed to address the emergency or immediate concerns.
Example:
If a parent is hospitalized and unable to care for their child, the court may appoint a temporary guardian to manage schooling, healthcare, and daily needs until the parent recovers.
Standby Guardianship
A standby guardianship is created when a guardian is named in advance to step in if the current parent or guardian becomes incapacitated or dies.
This type of guardianship helps avoid gaps in care and ensures that a trusted individual can assume responsibilities without a lengthy delay.
A standby guardian must still be approved by the court, but the process is more efficient when planning has been done ahead of time.
Guardian of the Person vs. Guardian of the Estate
In addition to the length and scope of authority, Illinois law distinguishes between:
- Guardian of the Person: Responsible for the ward’s physical care, health, education, housing, and overall well-being
- Guardian of the Estate: Manages the ward’s finances, property, benefits, and income
The same individual may be appointed to both roles, or the court may assign different people depending on the situation and the skill set required.
Choosing the Right Type of Guardianship
The court will determine which type of guardianship is appropriate based on:
- The ward’s medical or psychological evaluations
- Testimony from family members or medical providers
- The ward’s ability to understand and participate in decisions
- Whether any less restrictive alternatives are available (such as power of attorney or supported decision-making agreements)
Working with an experienced guardianship attorney is key to presenting a clear case to the court and ensuring that the right type of guardianship is established.
Why Work With a Guardianship Attorney?
Choosing the wrong type of guardianship can create unnecessary limitations for the ward or legal issues for the guardian. A qualified attorney can help you:
- Determine the most appropriate type of guardianship for your situation
- File the correct petitions and documentation
- Represent you at hearings
- Draft standby or temporary arrangements in advance
- Ensure compliance with court reporting requirements after appointment
Serving Central Illinois and All of Illinois
At Rincker Law, we help families throughout Central Illinois — including Springfield, Peoria, Bloomington, Decatur, Champaign, Shelbyville, Mattoon, Effingham, and Sullivan — determine the right type of guardianship for their loved ones.
We proudly serve clients across the entire state of Illinois, offering virtual consultations and personalized legal guidance for guardianship matters.
Call Rincker Law at (217) 774-1373 today to schedule a confidential consultation and get the clarity and support you need to protect your loved one.
Frequently Asked Questions About the Types of Guardianships in Illinois
What is the difference between plenary and limited guardianship in Illinois?
Plenary guardianship gives the guardian full authority over all personal and/or financial decisions for the ward. Limited guardianship grants authority only in specific areas where the ward is unable to make decisions. The court determines the appropriate level based on medical evaluations and testimony.
How long does a temporary guardianship last in Illinois?
Temporary guardianship in Illinois is typically granted for a maximum of 60 days. It is meant to address urgent or short-term needs until a full guardianship hearing can take place or the underlying emergency is resolved.
Can a temporary guardian make medical decisions?
Yes, a temporary guardian may be granted the authority to make medical decisions if that authority is included in the court’s order. However, the scope of power depends on the specific terms of the temporary guardianship granted by the judge.
Do I need a lawyer to file for guardianship in Illinois?
While it’s not legally required, working with a guardianship attorney is highly recommended. The process involves court filings, medical documentation, legal notices, and hearings. An experienced lawyer can help you avoid delays, minimize mistakes, and present a strong case to the court.
Can a guardian be changed or removed in Illinois?
Yes. A guardian can be removed by the court if they fail to fulfill their duties, abuse their authority, or are no longer able or willing to serve. Interested parties may petition the court to appoint a new guardian if it’s in the ward’s best interest.
Is a Standby Guardian the Same as a Temporary Guardian?
No. A standby guardian is someone designated to take over if the current guardian or parent becomes incapacitated or dies. A temporary guardian is appointed by the court for a specific, immediate situation. Both require court approval, but they serve different legal purposes.
Ready to Take the Next Step?
If you’re unsure which type of guardianship is right for your situation or need help starting the legal process, our team at Rincker Law is here to help. We take the time to understand your family’s needs and provide practical, compassionate legal guidance every step of the way. Whether you’re facing an emergency, planning ahead, or navigating long-term care for a loved one, we’re ready to support you.
Call Rincker Law at (217) 774-1373 today to schedule a confidential consultation and get professional legal help with guardianship anywhere in Illinois.