If you’ve recently been appointed as guardian for a disabled adult in Illinois — or you’re considering petitioning for guardianship — it’s essential to understand exactly what this legal role involves. Guardianship isn’t just a title; it’s a serious, court-supervised responsibility with significant legal and ethical obligations. What are the responsibilities of a guardian for a disabled adult in Illinois? In this guide, we’ll walk you through the different types of guardianship, key responsibilities, limitations, and how to stay in compliance with Illinois law.
Understanding the Basics of Adult Guardianship in Illinois
In Illinois, adult guardianship is a court-established relationship where one adult (the guardian) is granted legal authority to make decisions on behalf of another adult (the ward) who is deemed incapable of managing personal, medical, or financial affairs due to a disability.
Guardianship is governed by the Illinois Probate Act and is intended to protect individuals with developmental disabilities, mental illness, dementia, brain injuries, or other disabling conditions. The guardian must always act in the best interest of the ward and is accountable to the court for all decisions made.
Types of Guardianship and How Responsibilities Vary
The guardian’s responsibilities depend on the type of guardianship granted by the court. In some cases, the court may appoint one person to serve in both roles.
Guardian of the Person
A Guardian of the Person is responsible for making non-financial decisions, including:
- Determining appropriate living arrangements
- Making healthcare and medical treatment decisions
- Ensuring access to services such as therapy, education, or vocational training
- Promoting the ward’s personal development and quality of life
- Filing an Annual Report (or as frequently as ordered by the court) regarding the ward’s well-being
The guardian must consider the ward’s preferences and independence whenever possible, even if full (plenary) authority is granted.
Guardian of the Estate
A Guardian of the Estate handles the ward’s financial matters, including:
- Managing assets such as bank accounts, real estate, and investments
- Paying bills, taxes, and necessary expenses
- Collecting income such as Social Security, pensions, or other benefits
- Filing Annual Accountings with the court to document financial activity
- Obtaining court approval for major financial transactions (such as selling property)
Guardians of the estate are held to a fiduciary standard, meaning they must act with utmost honesty, care, and loyalty when handling the ward’s finances.
Key Legal Responsibilities of a Guardian in Illinois
- Act in the Ward’s Best Interest
This is the overarching duty of all guardians. The guardian must put the ward’s physical, emotional, and financial needs ahead of their own and make decisions that support the ward’s dignity, independence, and safety.
- Maintain Accurate Records
Guardians must keep detailed documentation of all decisions, expenses, services provided, and interactions related to the ward’s care. This includes:
- Receipts for purchases made on the ward’s behalf
- Medical appointments and outcomes
- Caregiver contracts or services used
- Bank statements and investment records (for estate guardians)
- Report to the Court Regularly
Illinois requires annual reporting for both types of guardians:
- Guardian of the Person: Must file a report describing the ward’s current living situation, health, services received, and general condition.
- Guardian of the Estate: Must file a complete accounting of all income, expenses, and financial decisions made during the year.
Failure to file these reports may lead to court sanctions or removal.
- Seek Court Permission When Required
Certain decisions require prior court approval, including:
- Changing the ward’s residence to a different facility or state
- Authorizing major medical procedures
- Selling the ward’s home or other real estate
- Making large expenditures from the ward’s assets
- Modifying existing estate plans or trusts
Acting without permission on these matters can result in legal liability.
Limitations of a Guardian’s Authority
Guardianship does not give unlimited control. The court aims to preserve the rights and dignity of the ward as much as possible. Guardians cannot:
- Make end-of-life decisions (unless authorized by court)
- Use the ward’s funds for personal gain
- Deny the ward access to family or friends without justification
- Force the ward to take medications or undergo treatment against their will (unless court-approved)
- Alter the ward’s will or power of attorney without approval
Can a Guardian Be Removed?
Yes. The court may remove a guardian for:
- Failing to act in the ward’s best interest
- Mismanaging funds
- Failing to file required reports
- Abusing or neglecting the ward
- Conflict of interest or criminal activity
The court can replace the guardian with another individual or public agency, depending on the circumstances.
Why You Should Work With a Guardianship Attorney
Even if your intentions are good, being a guardian without proper legal guidance can expose you to liability or court sanctions. An experienced Illinois guardianship attorney can help:
- Clarify your responsibilities under state law
- Assist with preparing reports and accountings
- Ensure compliance with court procedures
- Provide guidance on healthcare and financial decisions
- Represent you in court if disputes arise
At Rincker Law, we help new and current guardians understand their duties and stay compliant with court expectations — reducing stress and ensuring the ward is properly cared for.
Serving Guardians Across Central and All of Illinois
Rincker Law is proud to assist families and guardians across Central Illinois, including Springfield, Peoria, Bloomington, Decatur, Champaign, Shelbyville, Mattoon, Effingham, Sullivan, and nearby towns.
We also serve clients throughout the entire state of Illinois through virtual consultations and accessible legal support.
Call Rincker Law at (217) 774-1373 today to schedule a confidential consultation and get the legal guidance you need to protect your loved one and fulfill your guardianship duties.