Johann Chau
What Is Legal Guardianship in Illinois?
Guardianship is a legal process where a court appoints someone to make decisions for another person who is unable to manage their own personal or financial affairs. In Illinois, this often applies to minors without a parent able to care for them, or adults with disabilities or diminished capacity. Families in Chicago neighborhoods like Lakeview, Lincoln Park, and Ravenswood, as well as suburbs like Arlington Heights and Orland Park, often seek guardianship to ensure loved ones receive the care and protection they need.
Types of Guardianship and When They Apply
Illinois law recognizes several types of guardianship:
Full guardianship — The guardian has complete responsibility for the person’s personal and/or financial matters.
Limited guardianship — The guardian’s authority is restricted to certain decisions, allowing the individual to retain as much independence as possible.
Temporary guardianship — Used in urgent situations where a quick decision is needed, such as a medical emergency.
Choosing the right form of guardianship depends on the person’s circumstances, abilities, and long-term care needs.
The Guardianship Process in Cook County and Beyond
If you’re filing for guardianship in Cook County, DuPage County, or Lake County, the process generally includes:
Filing a petition with the court and notifying interested parties
Submitting evidence (such as medical evaluations) to prove guardianship is necessary
Attending a court hearing where the judge determines whether guardianship should be granted
In Chicago and surrounding suburbs, families often need to work closely with an attorney to navigate these steps, especially when court requirements differ by county.
Common Reasons Families Seek Guardianship
Families may pursue guardianship for a variety of reasons, including:
A child with special needs turning 18 and requiring continued support
An elderly parent with dementia who can no longer make safe decisions
A medical crisis leaving a loved one temporarily unable to manage daily affairs
How Guardianship Impacts Estate Planning
Guardianship decisions often go hand-in-hand with estate planning. For example, if you live in Evanston or Naperville and have a child with disabilities, you may also want to create a Special Needs Trust to protect their eligibility for benefits. Guardianship ensures day-to-day decision-making authority, while estate planning secures financial stability for the long term.
Plan Ahead for Peace of Mind
Whether you’re in downtown Chicago or the surrounding suburbs, our team can help you determine if guardianship is the right step for your family. We’ll walk you through each part of the process, ensuring your loved one’s needs are met while following Illinois law. Contact us today to learn more about starting the guardianship process in your community.