Understanding Guardianship for Disabled Adults in Illinois:

Walking Through the Process

Step 1- Understanding Decision-Making Alternative Options

Decision-making alternatives are only necessary after the individual turns 18 years old. Once the individual is 18 years and older, they will be responsible for making their own decisions regarding health, education, finances, etc. and professionals, like doctors, police, and bank personnel, must honor the individual’s voice.  Information can no longer be freely shared with others after the individual turns 18 as it would violate privacy laws, such as HIPPA.  

When considering a decision-making alternative, it is important that the individual and their family understand all options and make the choice that is best for them.  

In order from least to most restrictive for the individual:

1. No Action

2. Supported Decision Making

3. Power of Attorney

4. Partial Guardianship

5. Plenary (Full) Guardianship

Option 1, No Action, is just that.  Since no decision-making action needs to be taken until after the individual turns 18 years old, as they are considered a Minor up until age 18, if the individual desires to keep their adult rights after they turn 18 years old then they legally have that option.  No Action means that life as the individual knows it continues and they are considered an adult by the government and are held to the same legal standards as any other adult.  No Action is the least restrictive option because the individual maintains all their rights.  

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Option 2, Supported Decision Making, is another least restrictive option because even with a formal agreement for support from others, the individual maintains all their rights. 

Option 3, Power of Attorney, is a moderately restrictive option because some of the individual’s rights are transferred to another person and all other rights are maintained.    

Option 4, Partial Guardianship or Limited Guardianship, is a highly restrictive option because some or most of the individual’s rights are transferred to another person.

Option 5, Plenary Guardianship, is the most restrictive option because all of the individual’s rights are transferred to another person.  More about plenary guardianship can be found HERE. 

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As for Option 4, Partial Guardianship, due to the highly detailed process of applying for partial guardianship, individuals may benefit from the support of a licensed lawyer.   More about the intricacies of Partial or Limited Guardianship can be found HERE.  

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Since Option 5, Plenary Guardianship, involves transferring all of the individual’s rights to one or two other people, the process is more straight forward. All future steps described in this guide are specific to seeking plenary guardianship.  

***This guide should not take the place of guidance from a certified attorney nor is it a recommendation for how to become a guardian.  This guide serves to inform potential guardians of the process of obtaining guardianship.  

As described in future steps, the decision to seek plenary guardianship should not be taken lightly.  While guardianship may be the right decision-making option for an individual, they are more than their diagnosis/mental illness and a label shouldn’t be the main catalyst for applying for guardianship.  

The Illinois Guardianship and Advocacy Commission shares guidance on the appropriateness of need of guardianship:   

 “The fact that a person has a mental disability does not automatically dictate a need for   guardianship. The test for determining the need for guardianship focuses on the ability of the person to make decisions and to properly communicate decisions once made.   Making incorrect or ill-advised decisions on a periodic basis is not the test. Rather, it is   an inability to engage in the decision making in the first place which is important. A   practical set of questions that may be addressed are as follows:

1. Does the person understand that a particular decision needs to be made?
 

2. Does the person understand the options available in any decision?
 

3. Does the person understand the consequences of each option?
 

4. Is the person able to properly inform appropriate parties once the decision has been made?
 

The inability to make sound decisions about where to live, where to work, how and   when to seek medical care or other professional services, how to properly care for dependents, and how to purchase items like food and clothing is indication that a   person may be in need of some guardianship services.”

(Illinois Guardianship and Advocacy Commission, 2023, Source)

Guardianship is not a bullet-proof protection from all danger and consequences.  Section 6 of this free training reviews the rights the individual with a guardian maintains. 

Potential guardians must be eligible to serve in the role.  The person seeking to become a guardian for an individual (person with a disability) must be 18 years or older, US resident, of sound mind,  free of felony convictions related to harming/threatening a child, person with a disability, or elderly person, nor legally disabled themselves (other than blindness).  

To understand the standards a plenary guardian must uphold regarding how they make decisions for the individual, click HERE, scroll down to Section 11a-17(e).  

The state developed a guardianship training module that all appointed guardians need to complete.  The free training can be viewed at any time and may serve as a helpful preview of the duties for people considering become a guardian for an individual.  The online training can be found HERE. 

Step 2- Overview of the Process

Once the decision has been made to apply for guardianship, the multi-step process begins.  Below is a simplified overview of the process.

1. Complete forms

2. File forms at the local county circuit court and pay associated fees

3. Serve individual with official notice that someone is seeking guardianship of them

4. Wait for court date with judge

5. Attend court date and receive confirmation (or denial) from judge

6. Wait for official letter of guardianship

7. Complete form(s) to renew guardianship status yearly

These steps can be completed with the assistance of a lawyer or independently.  There are a range of rates if seeking attorney support.  To address legal questions, the Illinois State Bar Association offers 30-minute sessions for a $25 suggested donation. 

Forms may be accessed only at the local courthouse, only online, or both, depending on the specific county.  For the local courthouse, simply Google ‘(county name) circuit clerk’ and search for Forms.   Some state-approved forms can be found HERE. 

The following are an example of the forms that may need to be filed for guardianship.    These forms will be reviewed in the next step in this guide.  

• Petition for Appointment of Guardianship of a Disabled Adult
• Oath of Office 
• Order Appointing Guardianship 
• Order Appointing Guardianship Ad Litem 
• Summons 
• Physicians Report
• Bond of Legal Representative- No Surety 
• Bond of Legal Representative Surety

There are fees associated with filing for guardianship.  Expect fees to range between $250-$350.  Fees can be paid with cash, check, debit/credit card, or by applying for a fee waiver.  Note that some fees, such as the cost to ‘serve the individual’ may be cash or check only.   Contact the local courthouse for exact fees and payment options.   

There are fee waivers available and can be applied for if the person who is requesting to be a guardian for an individual with a disability is experiencing financial hardship (see ‘How do I prove I cannot afford to pay court fees?’).  A Fee Waiver can be approved for 100% of fees, 50% of fees, 25% of fees, or 0% of fees.    It does not matter if the individual (person with a disability) receives any funding, such as SSI, since they are not seeking guardianship.  The person who is seeking to become a guardian is the only person whose financial matters are considered by the judge.  

Fee waiver paperwork may be completed in person or filed through the E-file electronic filing system.   A fee waiver application may be approved the day it is submitted or soon after.  So, if applying for a fee waiver it may be best to submit the application prior to filing the rest of the forms.  Note that fee waivers are only good for 1 year, so future filing fees, such as an annual accounting form fee of around $25 will be incurred unless the guardian re-applies for a fee waiver. 

If submitting the application through Odyssey E-file, the state’s electronic filing system, first create an account.  When creating an account, it will force the person to add Payment Information and may require two forms of payment.  Enter in one payment method and select  ‘Waiver No Fee’ as the second option.  This way, if the fee waiver application is approved, that will be a valid option to cover the fees when submitting future forms.  

When completing the Fee Waiver application, it will ask for a Case Number.  If no guardianship forms have been filed yet (therefore there is no Case Number) the applicant can fill in ‘Not Yet Assigned/Filed’ and for Attorney # use ‘Pro Se’ to indicate the applicant is completing the forms independently.  For Plaintiff, use ‘In Re: To The Estate of (Individual’s Name)’ with the individual being the one who the applicant is pursuing guardianship of.  Since there is no ‘Defendant/Respondent’ that line can be left blank. 

If submitting the application through the E-file system, be sure to upload each form separately because when the application is approved, they will reject some of the attachments, for confidentiality reasons, so each document needs to be uploaded separately.  If submitting identifiable information, like an address, it can be blocked out as some documents will be included in public record.   Also, upload the application and signed Petition form (reviewed in the next step in this guide).  If two people are requesting guardianship, then both signatures in pen should be included.   Once submitted through E-file, check back in about 24-48 hours to see if the application was approved, denied, or returned.  If returned, there may be notes about edits or additional information that is needed.   Calling the courthouse and requesting to speak with someone may also help give more context as to why the application was returned or denied. 

Step 3- Completing forms

Common terminology to know when reviewing and completing the adult guardianship forms. 

Respondent- Individual with a disability

Petitioner- Person seeking to be named a guardian

Pro Se- Completing documents independently, without the support of an attorney 

Guardian Ad Litem- A 3rd party person who seeks additional information about the person applying to be a guardian and/or the individual with a disability or confirms information on submitted forms

Case Number- A number assigned to a case once official paperwork has been submitted.    For example, there may be forms asking for a Case Number, but it may not be assigned   until after those forms are filled out and submitted and an official ‘case’ is created in the   county’s system.  

Forms can be completed and submitted in person at the courthouse (at some counties) or uploaded and submitted using the statewide E-File system. Some forms are completed as part of the request to become a guardian, others are completed ‘just in case,’ and others are completed ‘in anticipation of.’ If filing in person at a courthouse, courthouse clerks are not allowed to advise people on how to complete a form but may alert people if a form is completed incorrectly.  For example, they can’t guide someone to choose between Guardian of the Person, Guardian of the Estate, or Both on the Petition for Guardianship, but can alert that the names listed as Respondent and Petitioner need to be flipped based on how other forms were completed.   However, do not expect this of all clerks.

Some larger counties, such as DuPage, have law libraries at the courthouse and staff may be able to assist with completing forms if the person seeking to be a guardian meets their eligibility requirements.    

An Overview of the Forms*

 *Not all counties may require all the forms listed to be completed when applying for guardianship.  

Petition for Appointment of Guardian of a Disabled Person:  This form indicates that an interested person is formally seeking guardianship of an individual.   Information about the individual and their disability and assets will be included, as well as if the potential guardian is seeking guardianship of the Person, Estate, or Both.  The Illinois Guardianship and Advocacy Commission shares information about the definitions of these options.  

Oath of Office:  This is the official promise the person seeking to become a guardian takes under oath to uphold the duties if granted guardianship.  If filing in person at a courthouse, whoever is requesting to become a guardian needs to be present to take the oath.  If filing online, the oath may be taken at the court date.  

Order Appointing Guardianship:  This form is completed in anticipation that the judge will appoint the person a guardian. If the judge does appoint a guardian, then this prefilled form allows them to just sign.  

Order Appointing Guardianship Ad Litem:  This form is completed ‘just in case’ the judge requests a Guardian Ad Litem be brought in to serve as a check and balance to the application. A court-appointed Guardian Ad Litem is a 3rd party person seeking to verify information on the application.  

Summons:   This form is completed to formally let the individual know that someone is requesting to become their guardian and includes the time, date, and location of the court hearing with a judge.  

Notice of Motion:  This form indicates the motion or request of the court/judge along with the date, time, location, and case number of the hearing.   Additional notice of motion forms should be given to parties who would be eligible to also seek guardianship of the individual, such as biological parents, siblings older than 18, and other relatives living in the household, etc. because they should be notified that someone is seeking guardianship of the individual.  The original form should be taken to the court date with the judge.   

Bond of Legal Surety:  This is a promise to uphold the duties of guardianship up to a specific dollar amount.  

Bond of Legal No Surety:  This is a promise to uphold the duties of guardianship up to a certain value.  

Physician’s/Doctor’s Report:   This form is completed by a licensed physician about the individual.  It is best to have this medical report form completed by a physician who is familiar with both the individual and with how to complete the form.  This written report is only valid for 90 days, so they can be completed just prior to filing, as long as they are still valid at the court date, or completed after filing and brought to the court date.  To save a step, especially if attending court via Zoom, it should be completed just before filing (in person or electronically) and filed/uploaded through E-File with all other initial forms.

Step 4- Filing the Forms

As previously mentioned, forms may be accessed only at the local courthouse, only online, or both, depending on your specific county.  For the local courthouse, simply Google ‘(county name) circuit clerk’ and search for Forms.   Some state-approved forms can be found HERE. 

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If given the option to file in person or online, review both options before choosing how to proceed.  There are pros and cons to both.  

Filing In-Person (at the Courthouse)

Filing in person will still require forms to be uploaded electronically and the courthouse may have staff available to assist with this process.  Before visiting the courthouse, set-up an Odyssey E-File account with two payment methods, record log in information, and bring it when filing at the courthouse.  If an account isn’t created ahead of time, then after the account is created the person will need to go into their email to verify the account and this can only be done via a cell phone/computer and cell phones/computers are not allowed in courthouses (so this adds a few steps, especially if there is a line for security to enter the courthouse).  

Bring all forms, a government issued ID, forms of payment (including cash if the individual will be served during the visit), and a pen. Take note of when the courthouse closes as the process to file everything can take a couple hours.   If the individual will be joining for the filing, prepare for their needs with supports and water and/or snacks.  

When entering courthouses, expect to go through security and cell phones will not be allowed.  There may be temporary lockers available to store phones and such by the courthouse door or they can be left in the car in the parking lot.

People who are requesting to become guardians will need to be present when filing.  Typically, in one courthouse visit the forms can be filed, a court date set, and the individual can be served.  If filing for a fee waiver, it may be best to submit the fee waiver application ahead of time to confirm approval before filing and incurring fees. 

Forms may be completed ahead of time but can be requested at the courthouse and completed on-site if errors are made, or the person is unable to print them ahead of time.   Simply let the clerk know the request to apply for guardianship for a disabled person and they should provide all necessary forms.   

Certain forms will be needed at each step in the filling process, just lead with telling the clerk the goal of the visit, to ‘petition to become a guardian for a person with a disability’ and they will give or request the forms they need and then direct with next steps.  The clerk may make copies of certain forms to give to other courthouse staff later in the process.  When in doubt, ask what to do with the forms or ask why there are additional copies.  

Filing Steps*:

-File Petition for Guardianship

-File and take Oath

-Complete Notice of Motion

-Wait for clerk to assign a Case Number (upload forms to E-File system)

-Set a court date and record on Summons

-File Summons (other forms, such as the Summons and Physician’s Report can be uploaded into F-File system)

-Pay fees

-Serve Individual

*Filing steps may not be the same for all counties.  

‘Being served’ means the individual is formally notified that someone is seeking guardianship.  Being served means they are handed official paperwork and being served in-person ensures they receive that paperwork.  The individual can be ‘served’ at the courthouse, in their home, or another location, but anticipate sharing exact information, including date, time, address, and location and to pay travel fees.  And, if the individual is not where the request states they should be then another request to serve will need to be made and subsequent fees may be charged.   For example, if it is requested the individual be served at home and they are not at home when the officer arrives, another request would need to be made.   Anticipating how the individual will respond to being served, it may be helpful to reach out to the courthouse and gather information about the process.  Someone being served in-person at the courthouse may see the officer wearing a full or partial uniform or plain clothes and a person being served at their home or community may see the officer wearing their full uniform or vice versa, each county may approach the legal process differently.   Also, the fees associated with being served may be cash or check only (and may be covered under a fee waiver), check with the local courthouse about their process.   

After all forms have been submitted, the individual has been served, the physician’s report completed (and uploaded), and all eligible parties notified of the guardianship request (given the Notice of Motion), then wait for the court date.  See Step 5 for next steps.  

Filing Electronically (via TylerTech Odyssey E-File System)

Filing electronically via the E-File system is known for not being user-friendly.  The user should have internet proficiency and the ability to scan documents to PDF and upload, therefore using a computer or tablet may be easiest.  It is important to note that E-File does NOT provide the forms, rather is just a system to accept and store completed forms and communicate if forms have been accepted, returned, or denied.    Therefore, the forms would need to be accessed somewhere else and completed digitally and/or printed, filled out, and signed.  

Filing through E-File allows the user to upload forms without visiting the courthouse, but the process will take a few days between submitting, waiting for approval, and submitting follow-up forms.  

Set-up an Odyssey E-File account and record log in information, then add two payment methods.  If applying for a fee waiver, choose ‘Waiver No Fee’ as one of the payment methods.

Once an account is created, select Start a New Case.   Location is based on county, Category is Guardianship, and Case Type is Guardianship for a Person with a Disability.   Party Information identifies the person/people requesting to become guardians and the individual with a disability.   

This system shows all steps in a process, such as starting a new case, but forces the user to complete each step and Save Changes before moving to the next step, which is grayed out but visible.  So, expect to troubleshoot a step before being able to move to the next step.   

The Filing section is where the forms are uploaded.   Forms should be scanned to PDF.   If using an iPhone, forms can be scanned to PDF using the Notes app.  A how-to video can be found HERE.    Select the general name of the form, like Motion, under Filing Code and then upload.  Multiple forms can be uploaded in this section.  

Then, choose payment from the options added from the account.  

Once uploaded, forms can be saved, a summary can be viewed, and then submitted.  As noted in the In-Person steps, some forms may be needed at certain steps.  When in doubt, call the courthouse and ask what forms should be submitted first.  Forms may need to be submitted and approved in the E-File system before additional forms can be uploaded and submitted, so defer to the local courthouse for their preferred process.   Depending on the county, forms may be approved within the day or over a few days. 

When forms are submitted an email will be sent verifying they were received and a subsequent email sent when forms are approved, denied, or returned.  So, be sure to check the email associated with the account to track progress.  

If a form is denied or returned, information about errors may be included in the email or uploaded form.  If not, contact the local courthouse and request to speak to someone about the denied form.  Be sure to have the case number available, if one has been assigned.

Setting a court date may need to be done in-person, via phone, or through the county’s website.  Check with the local courthouse about their options.  

As mentioned above under Filing In-Person, the individual will need to be served paperwork notifying them that someone is seeking guardianship, and this process cannot be done electronically.  Refer to the notes above about the process.  

After all forms have been submitted, the individual has been served, the physician’s report completed (and uploaded), and all parties notified of the guardianship request (given the Notice of Motion), then wait for the court date.  See Step 5 for next steps.

Step 5- Court Date with Judge

Depending on the county, court dates for a guardianship proceeding may be held in-person and/or via Zoom (aka Remotely).  If attending remotely, directions with how to log on may be mailed to the person requesting to become a guardian or available on the courthouse website.  Either way, be sure to arrive or log on BEFORE the start of the court date.  Everyone who is applying to become a guardian must attend the court date.  The individual can choose to attend or not.    

Bring or have all original forms and/or copies in hand, in case the judge has questions or requests.  

Once the guardianship cases starts, a clerk will call cases by their case number, so have that available and be ready once your case number is called.  When communicating with the judge it is respectful to identify them as, ‘Your Honor’ and to use common niceties, such as please, thank you, yes, and no.  

A judge may:  ask to retake the oath, ask questions about the relationship between the requesting guardians and individual, the needs of the individual, confirm information on the forms, notify if additional information is needed or if forms were completed incorrectly, if a guardian ad litem will be brought in on the case, among many others.  

The judge may: make an appointment of a guardian, assign a guardian at litem to gather information and set a future court date, request additional forms be submitted and set a future court date, deny guardianship, deny guardianship if all petitioning guardians are not present, among many others.  

If there is any confusion about what the judge is saying or requesting, be sure to respectfully request an explanation to ensure you follow the appropriate next steps.  

If the judge requests a future court date be sure to record the date, time and location and requests and plan to attend and accomplish their requests in the interim.  

If guardianship is approved, then the judge will fill out or sign the order for an official letter stating guardianship.   Depending on the county, the official letter may be mailed to the address of the people who are now serving as guardians or may be requested through an online system. 

If the 'letters of office' is not received within a few weeks of being approved as a guardian, reach out to the courthouse about timeline or alternate processes.  This letter is very important and should be in physical form and kept safe!

Step 6- Follow-Up

After the appointment of guardians, there are responsibilities to maintain good standing as a legal guardian.  

A required Guardianship Training found HERE must be completed.  The training is errorless and explains the duties and responsibilities of a guardian.   Set up an account for the training to be recorded and request a certificate of completion for personal records.  

An Annual Report must be submitted yearly.   Forms may be mailed to the guardian or accessed by contacting the courthouse.  Filed annually at the year mark as guardian, the short forms request information about the individual’s past year and can be filled out in less than 20 minutes.   For some counties, submitting the Annual Report may allow the guardian to forgo the assigned court date.  Confirm with the courthouse prior to the court date to ensure the requirements as guardian have been met via the Annual Report or plan to attend the court date.   As with other forms submitted through E-File, the guardian should receive an email noting whether the form was approved, returned, or denied.  

For guardians of an individual’s Estate, it may be necessary to file an Annual Accounting Report.   This forms reviews the individual’s financial state and may request proof of statements.  Forms may be mailed to the guardian or accessed by contacting the courthouse.   There may be a small fee associated with filing this form.  

Step 7- Ending Guardianship

When necessary, the process of obtaining guardianship can be undone through terminating guardianship.  It is important to note that the termination process is much more nuanced, making it extremely challenging to do, but not impossible.  While it may be possible to revoke guardianship, the Illinois Guardianship and Advocacy Commission briefly explains how difficult it may be to prove HERE (see #5). Due to the highly detailed process of terminating guardianship, interested parties may benefit from the support of a licensed Illinois lawyer.    

Appointed guardians took oath to serve in the best interest of the individual and there is protection over the individual to ensure that a guardian fulfills those duties.  Adult Protective Services serves to ensure that adults with disabilities are adequately cared for.  More information about abuse and subsequent consequences for guardians can be found HERE.   A full list of reasons a guardian may be removed can be found in the law text found HERE (scroll most of the way down to Section 23-2).