How Can I Become a Guardian in Illinois?

 Posted on August 15, 2024 in Estate Planning / Probate

When a person becomes incapacitated, Illinois law allows a third party to be appointed a guardian over that person, who is referred to as the "ward." The guardian can fill one or both of the following roles:

• Guardian of the person: The guardian makes personal decisions for the ward, including those concerned with the ward’s health and living arrangements.
• Guardian of the estate: The guardian has decision-making power over the ward’s property and finances.

However, becoming a guardian over someone requires adhering to a strict legal process, and there is no guarantee — even for the ward’s relatives — as to who the court will choose as a ward’s guardian. A great way to ensure you have the best chance of being granted guardianship is to hire an Illinois guardianship attorney.

How Is a Guardian Chosen?

Guardianship is granted by the court to someone who the judge feels will serve the ward’s best interests. This can be a family member, close friend, or if no one who qualifies is available, the Illinois Office of State Guardian.

Anyone can petition the court to be a guardian if he or she:

• Is 18 or older
• Of sound mind
• Has not been convicted of a serious crime

Agencies may also submit their candidacy for guardianship, except those providing residency services to the ward.

As mentioned, the court will base its decision about who to appoint as guardian on whether the judge feels that individual or agency will serve the ward’s best interests. Even the ward himself or herself cannot decide who is granted guardianship, though the court will consider the ward’s preference.

What Is the Process for Becoming a Guardian?

The first step toward becoming a guardian is to petition the court as an "interested person" for guardianship of an individual. In the petition, you will include information about the prospective ward, including a doctor’s description of the person’s mental and physical capacities.

Once filed, a court date will be scheduled. The prospective ward, called the respondent, will be served with a summons to appear. If the respondent is not of sound mind, the court may appoint a guardian ad litem to represent him or her. A guardian ad litem, which is Latin for "guardian for the case," is an attorney who serves as the respondent’s advocate and represents his or her interests to the court.

The judge will analyze several factors, such as:

• Medical histories and reports
• Documentation
• Witness testimony
• Evidence about the respondent’s lifestyle, as well as his or her mental and physical abilities

After being presented with all available evidence, the judge will decide whether to grant guardianship to the petitioner.

What Can a Guardian Do?

Whether you apply for person guardianship or estate guardianship, a court will choose to grant one of two types:

• Limited guardian: This means the court grants the guardian decision-making power only in certain areas or for specific tasks.
• Plenary guardian: This means the court grants the guardian a sweeping, general authority to make decisions for the ward’s person or estate.

Contact a DuPage County, IL Guardianship Attorney

While there is no way to guarantee that a court will grant you guardianship, you can improve the likelihood by hiring a Kane County, IL guardianship lawyer. Deanna Aguinaga Walker at DLAW, PC has over 25 years of experience and will create an effective legal strategy tailored to your specific case. Call 331-222-7978 to schedule a free consultation today.