When a loved one is unable to manage their personal or financial affairs due to a disability, guardianship may become necessary. In this blog, Illinois Guardianship for Disabled Adults: FAQs Every Family Should Know, we answer the most common questions about how guardianship works for adults with disabilities under Illinois law. Whether you’re considering becoming a guardian or just starting to explore your options, this guide will help you understand your legal rights and responsibilities.
At Rincker Law, we assist families throughout Illinois in securing the right type of guardianship to protect and support their loved ones. If you’re navigating this decision for the first time, you’re not alone — and we’re here to help.
What Is Guardianship for a Disabled Adult in Illinois?
Guardianship for a disabled adult is a legal process where a court appoints a person (the guardian) to make decisions on behalf of an adult (the ward) who cannot make decisions for themselves. This can be due to a physical, intellectual, or developmental disability, mental illness, or age-related decline.
There are two main types of guardianship in Illinois:
- Guardianship of the Person – Covers personal decisions like healthcare, living arrangements, and education.
- Guardianship of the Estate – Covers financial matters, such as paying bills, managing assets, or applying for benefits.
Some guardians are granted both roles, depending on the needs of the individual.
When Is Guardianship Necessary for an Adult?
Guardianship may be needed when a person:
- Cannot understand or communicate important decisions
- Is vulnerable to financial exploitation or abuse
- Is unable to maintain proper housing, nutrition, or healthcare on their own
- Has no power of attorney or advance directive in place
Before guardianship is granted, the court will evaluate whether there’s a less restrictive alternative, such as a power of attorney or supported decision-making.
Who Can Be Appointed Guardian of a Disabled Adult?
In Illinois, the court may appoint any adult who is:
- At least 18 years old
- A U.S. resident
- Of sound mind
- Not legally disabled themselves
- Not convicted of serious crimes unless waived by the court
Often, guardians are close family members, but they can also be trusted friends or even public or professional guardians in some cases.
How Do I Become a Guardian for a Disabled Adult in Illinois?
To become a guardian, you must:
- File a Petition with the circuit court in the county where the disabled person lives.
- Submit a Physician’s Report that confirms the person’s incapacity and explains the need for guardianship.
- Attend a Court Hearing, where a judge will decide if guardianship is appropriate.
- Receive a Court Order that officially appoints you as guardian.
An Illinois guardianship attorney can help you through each step and make sure all paperwork is complete and legally sound.
What Is Limited vs. Plenary Guardianship?
- Limited Guardianship grants the guardian authority over only specific decisions, like healthcare or housing.
- Plenary Guardianship gives the guardian full authority over all personal and/or financial decisions.
Courts prefer limited guardianship whenever possible to preserve as much independence for the disabled person as is safely possible.
Can Guardianship Be Challenged or Changed?
Yes. Guardianship orders can be reviewed or modified by the court if:
- The guardian is not acting in the ward’s best interest
- The ward’s condition improves and they regain capacity
- A different person wants to be appointed guardian
Guardians must also file regular reports with the court and may be removed for misconduct or neglect.
What Are a Guardian’s Responsibilities?
Depending on the type of guardianship, duties may include:
- Making medical and personal care decisions
- Choosing where the person lives
- Managing income and assets
- Keeping detailed records and receipts
- Filing annual reports with the court
Guardians must always act in the best interest of the disabled adult and can be held legally accountable for mismanaging care or finances.
What Is the Difference Between Guardianship and Power of Attorney?
A Power of Attorney (POA) is set up voluntarily by a person while they are still mentally capable. They can choose someone to make decisions for them if needed later.
Guardianship, on the other hand, is court-ordered after a person has already become unable to make their own decisions and has not named a POA in advance.
POAs are less restrictive and should be considered as a first step if possible.
Do I Need a Lawyer to File for Guardianship?
While not required, having an attorney is strongly recommended. Guardianship is a formal legal process that involves petitions, medical evidence, and court hearings. A lawyer can:
- Help you gather necessary documentation
- File the petition correctly
- Represent you in court
- Ensure compliance with reporting requirements
This reduces stress and helps prevent costly mistakes or delays.
How Much Does It Cost to Get Guardianship?
Costs can vary based on your county and whether you hire an attorney. Typical costs include:
- Court filing fees
- Physician’s report fees
- Attorney’s fees (if applicable)
Some low-income families may qualify for fee waivers. Rincker Law can provide a cost estimate based on your specific case.
We Can Help You Protect Your Loved One’s Future
Appointing a guardian for a disabled adult is never an easy decision, but it can provide safety, structure, and peace of mind. Whether you’re just beginning to explore your options or you’re ready to file, we can help guide you through the process.
At Rincker Law, we serve families across Illinois — including Springfield, Peoria, Decatur, Champaign, Effingham, and surrounding communities — with compassion, clarity, and legal experience you can trust.
Call Rincker Law at (217) 774-1373 today to schedule a confidential consultation and get your questions answered.