What Are the Steps to Become a Guardian for a Disabled Adult in Illinois?

 Posted on January 23, 2026 in Family Law

When a family member cannot make important decisions on their own due to a disability, you may want – or need – to become their legal guardian. "Guardianship" is a big responsibility that gives you legal authority to make decisions for someone who cannot make them alone.

In 2026, many Illinois families are caring for disabled adults. These family members need help managing their finances, healthcare, and daily living. If you are considering guardianship for a disabled adult, our Kane County guardianship attorneys can help you understand the process.

What is Guardianship for a Disabled Adult?

"Guardianship" is where a court gives one person the authority to make decisions for another person who cannot make those decisions themselves. The person who needs help is called the "ward," and the person making decisions is the "guardian."

Under Illinois law 755 ILCS 5/11a-3, courts may appoint a guardian for an adult 18 years or older who cannot take care of themselves or their finances because of a disability. This could include adults with disabilities they were born with, traumatic brain injuries, severe mental illness, dementia, and other conditions.

Illinois has two types of guardianship. A "guardian of the person" makes decisions about healthcare, living arrangements, and daily care. A "guardian of the estate" manages the disabled person’s money, property, and finances. Sometimes one person is both types of guardian. The court can also appoint different people for each role.

Who Can Become a Guardian in Illinois?

Not everyone can be a guardian. The court looks for people who will act in the best interest of the ward. Illinois law requires guardians to be at least 18 years old, legally competent, and of "sound mind." Sound mind is having the ability to think, understand, and reason for oneself.

Family members often become guardians, including parents, siblings, adult children, or other close relatives. However, the court can also appoint friends, professional guardians, or organizations if no suitable family member is available or willing to serve.

The court will not appoint someone who has a conflict of interest or who cannot properly care for the ward. People who have been convicted of certain crimes or who have a history of bad financial decisions may not be allowed to serve as a guardian.

How Do I Start the Guardianship Process in Illinois?

The guardianship process begins by filing a petition with the circuit court in the county where the disabled adult lives. This petition must include specific information about the person who needs guardianship and why they cannot make decisions for themselves.

Required Documentation for Guardianship

You will need to provide several documents with your petition:

• A doctor’s or specialist’s report describing the person's disability and why they cannot make decisions for themselves.

• Information about the disabled adult's relatives or other people who should know about the case.

• Details about what type of guardianship you are requesting.

• Your qualifications to serve as a guardian.

Court Evaluation and Hearing for Guardianship

After you file the petition, the court might appoint a guardian ad litem to investigate the case. This person will meet with the disabled adult, review medical records, and report back to the judge about whether guardianship is needed.

The disabled adult has the right to attend the court hearing. They can object to the guardianship if they want. They can also request their own lawyer. The judge will listen to testimony, review evidence, and decide whether guardianship is needed.

What Happens After the Court Appoints a Guardian?

Once the court appoints you as guardian, you receive legal power to make decisions for the ward. Illinois law will also require you to file regular reports with the court. Guardians of the person may need to get court approval for major decisions like moving the ward to a different living situation or making significant medical choices.

If you are the guardian of the estate, you must file annual financial reports showing how you managed the ward's money. These reports help the court make sure you are handling the ward's finances properly and not taking advantage of the ward.

The court can modify or end a guardianship if circumstances change. If the disabled adult regains the ability to make decisions, they can petition the court to restore their independence.

Call a St. Charles Guardianship Lawyer Today

Becoming a guardian for a disabled adult is a very admirable thing. It also needs careful legal planning. If you are considering guardianship for a family member, our Kane County guardianship lawyers at MKFM Law and Mirabella, Kincaid, Frederick & Mirabella, LLC can guide you through each stage of the process. We help families understand their options and prepare strong petitions for court. Contact us at 630-665-7300 today to schedule your initial attorney meeting.

MFKM serves family law clients at our offices in Kane County, DuPage County, and DeKalb County.