Illinois Guardianship Laws: Minors, Adults and Alternatives (2026)

In Illinois, guardianship is a court proceeding under the Probate Act of 1975: Article XI covers guardians for minors (755 ILCS 5/11-1 et seq.) and Article XIa covers guardians for adults the statute calls a "person with a disability" (755 ILCS 5/11a-1 et seq.). A court may appoint a guardian of the person (personal care decisions), a guardian of the estate (money and property), or both, and for an adult only if the need is shown by clear and convincing evidence (755 ILCS 5/11a-3(a)).

Illinois calls the property-side role the guardian of the estate. Article XIa refers to the adult under guardianship as the "ward", and the statute expects guardianship to be limited to what the person actually needs (755 ILCS 5/11a-3(b)). For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Illinois state law on guardianship of minors (Probate Act Article XI) and of adults with a disability (Article XIa), the guardian of the estate, the short-term and standby guardian, Illinois's Supported Decision-Making Agreement Act, the Health Care Surrogate Act priority list, and moving a guardianship under 755 ILCS 8. It does not cover custody disputes between parents (see Illinois child custody laws), grandparent visitation (see Illinois grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Illinois probate), child-protection and foster-care cases, which follow a separate juvenile-court track, or civil commitment and mental-health holds.

Illinois guardianship terms and where the law lives

Illinois guardianship law sits mainly in the Probate Act of 1975 (755 ILCS 5). Article XI governs guardians of minors, Article XIa governs guardians of adults with a disability, and general Probate Act articles supply the bond, inventory and accounting rules for a guardian of the estate. Three other statutes fill out the picture: the Supported Decision-Making Agreement Act (755 ILCS 9), the Health Care Surrogate Act (755 ILCS 40) and the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (755 ILCS 8).

A "minor" is a person who has not attained the age of 18 (755 ILCS 5/11-1). For adults, the statute defines the person a guardian may be appointed for:

"Person with a disability" means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his person or estate, or (b) is a person with mental illness or a person with a developmental disability and who because of his mental illness or developmental disability is not fully able to manage his person or estate, or (c) because of gambling, idleness, debauchery, or excessive use of intoxicants or drugs, so spends or wastes his estate as to expose himself or his family to want or suffering, or (d) is diagnosed with fetal alcohol syndrome or fetal alcohol effects.

755 ILCS 5/11a-2

How to get guardianship of a child in Illinois

A court may appoint a guardian of the estate, or of both the person and estate, of a minor, or a guardian of the person only, "as the court finds to be in the best interest of the minor or minors" (755 ILCS 5/11-5(a)). This is how a grandparent, aunt, uncle or other adult can become a child's legal guardian through the court.

When the parents are living

The most important limit is jurisdictional. Under 755 ILCS 5/11-5(b), the court lacks jurisdiction to proceed on the petition if it finds that the minor has a living parent, adoptive parent or adjudicated parent, whose parental rights have not been terminated, whose whereabouts are known, and who is willing and able to make and carry out day-to-day child care decisions concerning the minor, unless:

1. the parent or parents voluntarily relinquished physical custody of the minor;
2. after receiving notice of the hearing under Section 11-10.1, the parent or parents fail to object to the appointment at the hearing;
3. the parent or parents consent to the appointment by a written document that has been notarized and dated, or by a personal appearance and consent in open court; or
4. the parent or parents, due to an administrative separation, are unable to give consent, as the subsection provides.

The court also lacks jurisdiction if a court of competent jurisdiction has already appointed a guardian for the minor (11-5(b)). Since July 31, 2026, if the child is a youth in care under the guardianship of the Department of Children and Family Services when the petition is filed, the court's findings must be made consistent with Section 2-28(4) of the Juvenile Court Act of 1987, and a later motion to modify or vacate the appointment goes through Section 2-33 of that Act (11-5(b-3), added by Public Act 104-667).

The statute presumes that a parent is willing and able to make and carry out day-to-day child care decisions, but that presumption "may be rebutted by a preponderance of the evidence" (755 ILCS 5/11-5(b)). Our page on Illinois child custody laws covers custody disputes, and Illinois grandparents' rights covers grandparent visitation.

The petition and notice

The petition must state, if known, the minor's name, date of birth and residence, the names and post office addresses of the minor's nearest relatives, and the approximate value of the minor's personal estate, among the other items 755 ILCS 5/11-8(a) lists.

The petitioner must give notice of the time and place of the hearing, in person or by mail, to the minor if the minor is 14 or older, and to the relatives and the short-term guardian of the minor whose names and addresses are stated in the petition, not less than 7 days before the hearing; failure to give notice to a relative is not jurisdictional (755 ILCS 5/11-10.1(a)). The court may appoint a guardian ad litem to represent the minor in a proceeding for a standby guardian or a guardian (11-10.1(b)).

Who may serve, and the child's voice

A person is qualified to act as guardian of a minor if the court finds that the person is capable of providing "an active and suitable program of guardianship for the minor" and that the person has attained 18, is a resident of the United States, is not of unsound mind, is not an adjudged person with a disability, and has not been convicted of a felony, unless the court finds appointing a person convicted of a felony to be in the minor's best interests after considering the nature and date of the offense and evidence of rehabilitation. No one convicted of a felony involving harm or threat to a child, including a felony sexual offense, may be appointed (755 ILCS 5/11-3(a)).

A minor who is 14 or older "may nominate the guardian of the minor's person and estate, subject to approval of the court" (755 ILCS 5/11-5(c)).

What a minor's guardian may decide

The guardian of the person "shall have the custody, nurture and tuition and shall provide education of the ward" (755 ILCS 5/11-13(a)). The guardian may not remove the minor from Illinois except as that section permits, and must seek leave of court before removing the child for 30 days or more (11-13(f)).

When a minor's guardianship ends

When the minor reaches the age of majority, the letters of office are revoked as to that minor and the guardianship over that minor terminates (755 ILCS 5/11-14.1). Section 11-14.1 also sets the standard when a parent petitions to end the guardianship in the cases it covers: the court must discharge the guardian and terminate the guardianship if the parent establishes, by a preponderance of the evidence, a material change in the circumstances of the minor or the parent since the appointment order, "unless the guardian establishes, by clear and convincing evidence, that termination of the guardianship would not be in the best interests of the minor."

Can a parent name a guardian in a will in Illinois?

Yes. Under 755 ILCS 5/11-5(a-1), a parent may designate "in any writing, including a will," a person qualified under Section 11-3 to be appointed as guardian of the person or estate, or both, of an unmarried minor or of a child likely to be born. The statute sets these conditions:

• Witnesses. The designation must be witnessed by two or more credible witnesses at least 18 years old, neither of whom is the person designated as the guardian.
• Will formalities. If the designation is executed and attested in the same manner as a will, it has prima facie validity.
• The other parent. The designation of a guardian or successor guardian "does not affect the rights of the other parent in the minor."

A designation names the person the parent wants appointed; the appointment itself still runs through the court under Section 11-5, including its best-interest standard and the jurisdiction rule for a living, willing and able parent. A parent of an adult with a disability may also designate by will a guardian or successor guardian of that adult's person, estate or both; if a guardian is already acting when the parent dies, the designation takes effect only when that guardian dies, becomes incapacitated, resigns or is removed. The court appoints the designee if that serves the ward's best interests and welfare (755 ILCS 5/11a-16).

The rules for making a valid will are covered on our Illinois wills and trusts page.

Letting a relative care for a child without going to court

Illinois's statutory no-court tool is the short-term guardian. Under 755 ILCS 5/11-5.4(a), a parent, adoptive parent or adjudicated parent whose parental rights have not been terminated, or the guardian of the person of a minor, "may appoint in writing, without court approval, a short-term guardian of an unmarried minor or a child likely to be born." The rules:

• Signing. The written instrument must be dated and signed by, or at the direction of, the appointing parent in the presence of at least two credible witnesses at least 18 years old, neither of whom is the person appointed; the person appointed also signs it (11-5.4(a)).
• The other parent. A parent or guardian may not appoint a short-term guardian if the minor has another living parent, adoptive parent or adjudicated parent, whose parental rights have not been terminated, whose whereabouts are known, and who is willing and able to make and carry out day-to-day child care decisions, unless that nonappointing parent consents by signing the written instrument of appointment (11-5.4(b)).
• How long. The short-term guardian has authority to act as guardian of the minor, as Section 11-13.2 provides, "for a period of 365 days from the date the appointment is effective, unless the written instrument provides for the appointment to terminate upon a different specified date or event" (11-5.4(c)), and that authority may not exceed 365 days (11-13.2(a)). A parent on active military duty may appoint for the term of active duty plus 30 days, and an appointment made because of an administrative separation may be renewed for another 365 days while the separation continues (11-5.4(d-5), (e-10)).
• Limits. A short-term guardian acts as guardian of the person but has no authority over the child's estate, except to apply for and receive benefits for the child (11-13.2(b)).
• Revocation. The appointing parent may amend or revoke the appointment at any time, in any manner communicated to the short-term guardian or anyone else (11-5.4(d)). It is not consent to a court-appointed guardianship (11-5.4(e)).

If a guardianship petition is later filed, the petitioner must give notice of the hearing to a short-term guardian whose name and address are stated in the petition (755 ILCS 5/11-10.1(a)). If a short-term guardian was appointed before someone else files a petition, there is a rebuttable presumption that the child should remain with the short-term guardian, and the petitioner must prove otherwise by a preponderance of the evidence (11-5(b)).

Standby guardian of a minor

A standby guardian (755 ILCS 5/11-5.3) is a plan for a future event. A parent, or the guardian of the person of a minor, may designate a standby guardian in any writing, including a will, witnessed by two or more credible witnesses at least 18 years old who are not the designee (11-5.3(a)). Signing a designation does not appoint anyone: before a standby guardian may act, the court must appoint the standby guardian on a petition, in the minor's best interest (11-5.3(b), 11-13.1(a)). The court lacks jurisdiction on that petition if the minor has a living parent, whose rights have not been terminated and whose whereabouts are known, who is willing and able to make day-to-day child care decisions, unless the parent consents, fails to object after notice, or cannot consent because of an administrative separation (11-5.3(c)).

An appointed standby guardian has no authority until learning of the parent's or guardian's death or consent, inability to make and carry out day-to-day child care decisions, or an administrative separation; the standby guardian of the person may then act as guardian of the person "without direction of court for a period of up to 60 days" (755 ILCS 5/11-13.1(b)). Within 60 days of learning of the death or consent of the minor's parent or parents or guardian, or of their inability to make and carry out day-to-day child care decisions, the standby guardian must file, or cause to be filed, a petition for appointment of a guardian under Section 11-5 (11-13.1(c)).

How to become guardian of an adult in Illinois

Who may petition and what must be proved

Under 755 ILCS 5/11a-3(a), a petition may be filed "by a reputable person or by the alleged person with a disability himself," and the court may also act on its own motion. The court may adjudge a person to be a person with a disability "only if it has been demonstrated by clear and convincing evidence" that the person meets the Section 11a-2 definition. It then may appoint:

• a guardian of the person, if it has been demonstrated by clear and convincing evidence that because of the disability the person "lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care of his person"; or
• a guardian of the estate, if it has been demonstrated by clear and convincing evidence that because of the disability the person "is unable to manage his estate or financial affairs."

The petition must state, if known or reasonably ascertainable, the petitioner's relationship and interest, and the name and address of the respondent's guardian or of any agent appointed under the Illinois Power of Attorney Act, among the other items 755 ILCS 5/11a-8 lists.

The evaluation report

The petition "should be accompanied by a report" that includes an analysis and results of evaluations of the respondent's mental and physical condition performed within 3 months of the date the petition is filed (or, for an intellectual disability, a licensed clinical psychologist's evaluation within one year), among the other contents 755 ILCS 5/11a-9(a) lists. If no report accompanies the petition, the court orders evaluations and a report filed at least 10 days before the hearing (11a-9(b)). On oral or written motion by the respondent or the guardian ad litem, or on the court's own motion, the court "shall appoint one or more independent experts to examine the respondent" (11a-9(b-5)).

Notice, the guardian ad litem and a lawyer

Unless the respondent is the petitioner, the respondent must be personally served with a copy of the petition and a summons not less than 14 days before the hearing (755 ILCS 5/11a-10(e)). The notice of rights in the summons includes the right to ask for a jury of six and the right to ask the judge to appoint only a limited guardian (11a-10(e)). The petitioner must also give notice of the hearing, by mail or in person, to the people named in the petition, including the proposed guardian, at least 14 days before the hearing unless they waive it (11a-10(f)).

The court sets a hearing to take place within 30 days, and appoints a guardian ad litem to report to the court on the respondent's best interests, except that a guardian ad litem is not required when the court determines one "is not necessary for the protection of the respondent or a reasonably informed decision on the petition" (11a-10(a)).

Appointed counsel is conditional, not automatic:

The court (1) may appoint counsel for the respondent, if the court finds that the interests of the respondent will be best served by the appointment, and (2) shall appoint counsel upon the respondent's request or if the respondent takes a position adverse to that of the guardian ad litem.

755 ILCS 5/11a-10(b)

The hearing

At the hearing, the respondent "is entitled to be represented by counsel, to demand a jury of 6 persons, to present evidence, and to confront and cross-examine all witnesses" (755 ILCS 5/11a-11(a)). The hearing may be closed to the public on request of the respondent, the guardian ad litem, or counsel for the respondent. The respondent must be present unless the court excuses the respondent on a showing that the respondent refuses to be present or will suffer harm if required to attend.

Limited first: how much guardianship

Section 11a-3(b) sets the guiding principle:

Guardianship shall be utilized only as is necessary to promote the well-being of the person with a disability, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance and independence. Guardianship shall be ordered only to the extent necessitated by the individual's actual mental, physical and adaptive limitations.

Section 11a-12 puts that into the appointment rules. If the respondent is adjudged a person with a disability who lacks some but not all of the capacity described in Section 11a-3, and the court finds guardianship necessary for the protection of the person, the estate, or both, the court appoints a limited guardian (11a-12(b)). The court appoints a plenary guardian only if the respondent is adjudged totally without that capacity and the court finds that limited guardianship will not provide sufficient protection (11a-12(c)).

A limited guardianship of the person removes from the ward only the authority the order specifically gives the limited guardian, and appointing a limited guardian is not a finding of legal incompetence (755 ILCS 5/11a-14(a), (c)).

Who serves as guardian

• The person's own preference. The court has discretion in choosing the guardian but "shall give due consideration to the preference of the person with a disability as to a guardian," along with the proposed guardian's qualifications; the paramount concern is the person's best interests and well-being (755 ILCS 5/11a-12(d)).
• A guardian named in advance. A person "while of sound mind and memory" may designate in writing a person, corporation or public agency qualified under Section 11a-5 to be appointed guardian or successor guardian of the person, the estate or both if the person is later adjudged a person with a disability; a designation executed and attested like a will has prima facie validity (11a-6).
• Disqualifications. Among the qualification rules in Section 11a-5, the court may not appoint as guardian an agency, or an employee of an agency, that is directly providing residential services to the ward, and may not appoint a public guardian or the Office of State Guardian as a co-guardian (11a-5). A person convicted of a felony may serve only if the court finds it in the best interests of the person with a disability, and no one convicted of a felony involving harm or threat to a minor, an elderly person or a person with a disability, including a felony sexual offense, may be appointed (11a-5(a)).
• Office of State Guardian as a last resort. The State Guardian "shall not be appointed if another suitable person is available and willing to accept the guardianship appointment," and when a court appoints the State Guardian it must find as a fact that no other suitable and willing person could be found (20 ILCS 3955/31). The Illinois Guardianship and Advocacy Commission houses the Office of State Guardian; from July 1, 2027, Public Act 104-465 makes the Department of Disability Advocacy and Guardianship its successor and renames the office the Division of State Guardian.
• Training. As amended effective January 1, 2026, Section 11a-12(e) requires the order of appointment to include a requirement that the guardian complete the training program under Section 33.5 of the Guardianship and Advocacy Act and file a certificate of completion within one year from the date the letters of guardianship issue, on the terms the subsection sets out.
• Fees. A guardian is entitled to reasonable and appropriate compensation, "but all fees must be reviewed and approved by the court pursuant to a fee petition" (11a-13.5).

What an Illinois guardian can decide, and the limits

A guardian's authority follows the court's order, and Article XIa puts specific decisions outside an ordinary guardian's reach:

• Residential facilities. No guardian, except a duly appointed Public Guardian or the Office of State Guardian, has the power to place a ward in a residential facility unless the court order specifies it. The guardian "shall not remove the ward from his or her home or separate the ward from family and friends unless such removal is necessary to prevent substantial harm to the ward or to the ward's estate" (755 ILCS 5/11a-14.1).
• Mental health facilities. A guardian of the person may not admit a ward to a mental health facility except at the ward's request as provided in Article IV of the Mental Health and Developmental Disabilities Code, and only if the ward has the capacity to consent to the admission (11a-17(a)).
• Sterilization. A guardian may not consent to the ward's sterilization without first obtaining a court order, except for a medically necessary procedure to preserve the ward's life or prevent serious impairment of health that may result in sterilization (755 ILCS 5/11a-17.1(a)).
• Life-sustaining treatment. A guardian acting as surrogate under the Health Care Surrogate Act has a surrogate's rights under that Act; a decision to forgo or withdraw life-sustaining treatment not authorized under that Act requires a court order (11a-17(d)).
• Existing powers of attorney. Unless a court orders otherwise under the Illinois Power of Attorney Act, a guardian has no power over personal or health care matters covered by the ward's power of attorney that survives disability (11a-17(c)).
• Divorce. The court may authorize a guardian to file for dissolution, legal separation or invalidity of the ward's marriage only on clear and convincing evidence that it is in the ward's best interests (11a-17(a-5)).
• Marriage. On the guardian's petition, the court may authorize and direct the guardian to consent to the ward's marriage if it finds by clear and convincing evidence that the marriage is in the ward's best interests (11a-17(a-10)).
• Visits with family. If a guardian unreasonably prevents an adult child, spouse, adult grandchild, parent or adult sibling of the ward from visiting the ward, the court, on a verified petition, may order the guardian to permit visitation. The court may not allow visitation if it finds the ward has capacity to decide about visitation and does not want to see the petitioner, and this rule does not apply to public guardians or the Office of State Guardian (11a-17(g)(2)).

Reports on the person. A guardian of the person files a report on the ward's condition "If the court directs," at intervals the court sets. The report covers the ward's current mental, physical and social condition, a summary of the guardian's visits with and activities on behalf of the ward, and a recommendation on the need for continued guardianship, among other items (755 ILCS 5/11a-17(b)).

Guardian of the estate: bond, inventory and accounts

Illinois's property-side role is the guardian of the estate. Its main safeguards:

• Oath and bond. Except as 755 ILCS 5/12-2 provides, every individual representative must take and file an oath or affirmation and file a bond approved by the court. The court may waive the bond of a representative of the person of a ward, or of a standby guardian of a minor or person with a disability (755 ILCS 5/12-2(a)).
• Inventory. Within 60 days after letters issue, the representative of a ward's estate must file in the court an inventory of the real and personal estate, with the verification the statute requires (755 ILCS 5/14-1(a)).
• Accounts. The representative must present a verified account within 30 days after the expiration of one year after letters issue, and whenever the court requires until the office ends. If the court sets no time, the next verified account is due within 30 days after the expiration of 3 years from the date of the preceding account (755 ILCS 5/24-11(a)).

These Probate Act rules apply to the estate of a minor ward as well as an adult ward.

Temporary guardianship in an emergency

Section 11a-4 of the Probate Act governs the appointment of a temporary guardian for an alleged person with a disability. The court may appoint a temporary guardian on a showing that one is necessary for the immediate welfare and protection of the alleged person with a disability or the person's estate; the petition must be filed with or after the petition for adjudication and appointment of a guardian (755 ILCS 5/11a-4(a)). Notice of the hearing goes to the alleged person, the proposed temporary guardian and the people listed in the main petition at least 3 days before the hearing, though the court may waive it for good cause (11a-4(a-5)). The temporary guardian has only the powers the order lists, and the order must state the actual harm that makes the appointment necessary (11a-4(a)).

The statute limits how long it lasts:

The temporary guardianship shall expire within 60 days after the appointment or whenever a guardian is regularly appointed, whichever occurs first.

755 ILCS 5/11a-4

No extension may be granted except as the section provides. In a case where there has been no adjudication of disability, an extension is granted pending the disposition of the guardianship petition so long as the court finds it is in the best interests of the alleged person with a disability, and that extension lasts no more than 120 days from the date the temporary guardian was originally appointed (11a-4(b)(2)). Where there has been an adjudication, extensions are allowed only pending an appeal of the adjudication, a citation proceeding, appointment of a successor guardian, or while the guardian's powers are suspended by court order (11a-4(b)(1)). The ward may petition at any time to revoke the temporary appointment (11a-4(b)).

Standby and short-term guardians for an adult ward

An existing guardian can plan ahead. The guardian of a person with a disability may designate "in any writing, including a will," a person qualified under Section 11a-5 to be appointed as standby guardian of the person, the estate or both (755 ILCS 5/11a-3.1). A guardian may also appoint a short-term guardian, who may act "for a cumulative total of 60 days during any 12-month period" (11a-3.2(b)).

How an Illinois guardianship ends or rights are restored

At appointment, the court must tell the ward of the right to petition to end the adjudication, revoke the letters or modify the guardian's duties, and give the ward a written statement explaining that right (755 ILCS 5/11a-19).

The court may terminate the adjudication of disability, revoke the letters of guardianship of the estate or person or both, or modify the guardian's duties "if the ward's capacity to perform the tasks necessary for the care of his person or the management of his estate has been demonstrated by clear and convincing evidence" (11a-20). Two features make the process accessible:

• A report or testimony by a licensed physician "is not a prerequisite" (11a-20).
• A request by the ward, or by anyone on the ward's behalf, "may be communicated to the court or judge by any means, including but not limited to informal letter, telephone call or visit" (11a-20).

Subsection (b-5) offers a separate route when the guardian or the ward files a verified petition and three things line up: an evaluation report under Section 11a-9(a) says guardianship is no longer needed or should be changed, the ward no longer wants it (or wants it changed), and the guardian states that ending or changing it is in the ward's best interests. In that proceeding the court may terminate, revoke or modify "unless it has been demonstrated by clear and convincing evidence that the ward is incapable of performing the tasks necessary for the care of his or her person or the management of his or her estate" (11a-20(b-5)). Notice of a hearing under Section 11a-20 goes to the ward, unless the ward is the petitioner, and to each guardian at least 14 days before the hearing (11a-20(c)).

At a modification or termination hearing, the court may appoint counsel for the ward if that best serves the ward's interests, and must appoint counsel on the ward's request or if the respondent takes a position adverse to the guardian ad litem (755 ILCS 5/11a-21).

Alternatives to guardianship in Illinois

Supported decision-making agreement. Illinois's Supported Decision-Making Agreement Act (755 ILCS 9, effective February 27, 2022) recognizes "a less-restrictive alternative to guardianship for adults with intellectual and developmental disabilities who need assistance with decisions regarding daily living" (755 ILCS 9/5). Until January 1, 2027, it is not available to every adult: a "principal" under the Act is "an adult with intellectual or developmental disabilities" (9/10). Key rules now in force:

• Signing. The principal and the supporter must sign and date the agreement in the presence of two or more subscribing witnesses at least 18 years old, and the supporter may not serve as a witness (755 ILCS 9/45).
• Reliance. A person who receives the original or a copy of the agreement "shall rely on the agreement" (9/55).
• The supporter's limits. A supporter is prohibited from exerting undue influence on, or making decisions on behalf of, the principal, among the other prohibitions in 9/35.
• Capacity. "All adults are presumed to be capable of making decisions regarding daily living and to have capacity unless otherwise determined by a court," and signing an agreement may not be used as evidence of capacity or incapacity in any civil or criminal proceeding (9/15(a), (c)).

Changes from January 1, 2027. Public Act 104-663 (approved July 30, 2026) removes the intellectual or developmental disability limit: a principal will be an adult who is not under plenary guardianship and has not been declared by a physician to lack decisional capacity. The agreement must be in plain language and list the areas of support, the supporter's statement that the supporter is not disqualified and will complete training, a statement that the supporter cannot make decisions for the principal, and information on reporting abuse, neglect or exploitation. An interested person may ask a court to suspend or terminate an agreement, and the existence of an agreement may be entered into evidence. These changes are not in force until January 1, 2027.

Powers of attorney. A power of attorney is signed while a person still has capacity, and the guardianship petition must list any agent appointed under the Illinois Power of Attorney Act (755 ILCS 5/11a-8). Signing requirements are covered on our Illinois power of attorney laws page. Free drafting tools are available for an Illinois power of attorney and an Illinois advance directive; a tool is not legal advice, and any document must be signed under the Illinois rules on the power of attorney page.

Health care surrogates. When the Health Care Surrogate Act applies, it sets an order of priority for who may act as surrogate: the patient's guardian of the person, then the spouse, any adult son or daughter, either parent, any adult brother or sister, any adult grandchild, a close friend, and the patient's guardian of the estate (755 ILCS 40/25(a)).

Federal benefits. Federal programs make their own appointments: the Social Security Administration decides whether representative payment is in a beneficiary's interest and appoints its own payee, and a legal guardian is one person it may choose rather than an automatic payee (20 C.F.R. § 404.2001(b)(2)); the guardianship hub covers the federal layer.

Moving to or from Illinois with a guardianship

Illinois has enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (755 ILCS 8/101), which governs moving an adult guardianship between Illinois and another state. If a guardian has been appointed in another state and no guardianship petition is pending in Illinois, the out-of-state guardian, after giving notice to the appointing court of an intent to register, may register the guardianship order in Illinois by filing certified copies of the order and letters of office as a foreign judgment in a court in any appropriate county (755 ILCS 8/401).

Recent and upcoming changes

• Guardian training (effective January 1, 2026). Public Act 104-237 amended 755 ILCS 5/11a-12(e) so the order of appointment requires the guardian to complete the Section 33.5 training program and file a certificate of completion within one year from the date the letters issue.
• Private professional guardians (effective January 1, 2027). Public Act 104-547 (HB 3811), approved July 10, 2026, adds a new Section 11a-26 and amends Sections 11a-5, 11a-15 and 23-2. Under new Section 11a-26(b), a petitioner who nominates a private professional guardian to be appointed as temporary, limited or plenary guardian must attach an affidavit to the petition and give notice of the petition to the public guardian; that subsection does not apply if a family member of the respondent nominates the private professional guardian. These rules are not in force until January 1, 2027.
• Supported decision-making (effective January 1, 2027). Public Act 104-663 (HB 5365), approved July 30, 2026, amends 755 ILCS 9/5, 9/10, 9/15, 9/30, 9/50 and 9/70: the Act will no longer be limited to adults with intellectual or developmental disabilities, agreements must carry the contents listed in amended Section 50, and a court may suspend or terminate an agreement on an interested person's petition.
• Youth in care (effective July 31, 2026). Public Act 104-667 added 755 ILCS 5/11-5(b-3) on petitions for a child who is a youth in care under the guardianship of the Department of Children and Family Services.
• Agency renaming (effective July 1, 2027). Public Act 104-465 makes the Department of Disability Advocacy and Guardianship the successor agency to the Guardianship and Advocacy Commission and renames the Office of State Guardian the Division of State Guardian; the last-resort rule in 20 ILCS 3955/31 continues under the new name.

Illinois guardianship at a glance

Related Illinois pages

• Guardianship laws by state
• Illinois power of attorney laws
• Illinois child custody laws
• Illinois grandparents' rights
• Illinois wills and trusts

This article provides general legal information about Illinois guardianship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Illinois or the circuit court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Illinois?

A court may appoint a guardian of a minor's person, estate, or both in the minor's best interest (755 ILCS 5/11-5(a)). But if the child has a living parent, whose rights have not been terminated and whose whereabouts are known, who is willing and able to make day-to-day child care decisions, the court lacks jurisdiction unless an exception applies, such as the parent's notarized and dated written consent or failure to object after notice (11-5(b)).

Can a parent give a relative guardianship of a child in Illinois without court?

A parent may appoint a short-term guardian in writing, without court approval, signed before at least two credible witnesses aged 18 or older who are not the appointee (755 ILCS 5/11-5.4). It lasts up to 365 days (longer only for a parent on active military duty, or on renewal after an administrative separation), the appointee also signs it, and if there is another living parent whose rights have not been terminated, whose whereabouts are known and who is willing and able to make day-to-day child care decisions, that parent must sign the appointment.

Can I name a guardian for my children in my will in Illinois?

Yes. A parent may designate a guardian in any writing, including a will, witnessed by two or more credible witnesses at least 18 who are not the person designated; a designation executed like a will has prima facie validity, and it does not affect the other parent's rights (755 ILCS 5/11-5(a-1)).

At what age can a child choose a guardian in Illinois?

A minor who is 14 or older may nominate the guardian of the minor's person and estate, subject to approval of the court (755 ILCS 5/11-5(c)).

What must be proved to get guardianship of an adult in Illinois?

Clear and convincing evidence that the person is a person with a disability under 755 ILCS 5/11a-2, plus clear and convincing evidence that, because of the disability, the person lacks capacity to make or communicate responsible personal-care decisions (guardian of the person) or is unable to manage the estate or financial affairs (guardian of the estate) (11a-3(a)).

Does the person get a lawyer in an Illinois guardianship case?

The court may appoint counsel if that best serves the respondent's interests, and must appoint counsel on the respondent's request or if the respondent takes a position adverse to the guardian ad litem (755 ILCS 5/11a-10(b)). The respondent is entitled to be represented by counsel and may demand a jury of six (11a-11(a)).

How long does a temporary guardianship last in Illinois?

It expires within 60 days after appointment or when a guardian is regularly appointed, whichever comes first. Extensions are allowed only as 755 ILCS 5/11a-4 provides; where there has been no adjudication of disability, an extension pending the petition may run no more than 120 days from the original appointment and requires a best-interests finding.

Can an Illinois guardian move the ward into a nursing home?

Except for a Public Guardian or the Office of State Guardian, a guardian has no power to place a ward in a residential facility unless the court order specifies it, and may not remove the ward from home or separate the ward from family and friends unless necessary to prevent substantial harm to the ward or the ward's estate (755 ILCS 5/11a-14.1).

Who can use a supported decision-making agreement in Illinois?

Until January 1, 2027, Illinois's Supported Decision-Making Agreement Act applies to adults with intellectual or developmental disabilities (755 ILCS 9/5, 9/10). From January 1, 2027, Public Act 104-663 opens it to any adult who is not under plenary guardianship and has not been declared by a physician to lack decisional capacity. The principal and supporter sign before two or more witnesses at least 18 years old, and the supporter cannot be a witness (9/45).

How is an Illinois adult guardianship ended?

The court may terminate the adjudication, revoke the letters or modify the guardian's duties if the ward's capacity is shown by clear and convincing evidence; a physician's report is not a prerequisite, and the request may be made by any means, including an informal letter, phone call or visit (755 ILCS 5/11a-20).