Disclaimer: This article provides general information and is not legal advice.
Detailed Answer
Under Illinois law, you may seek a guardianship (for personal and healthcare decisions) or a conservatorship (for financial decisions) for an adult relative who lacks capacity. These proceedings fall under the Illinois Probate Act (755 ILCS 5/11 and 755 ILCS 5/15).
1. Determine the appropriate proceeding
Choose a guardianship if the relative needs help with personal, health, or residential decisions. Choose a conservatorship if they need assistance managing assets, paying bills, or handling investments.
2. File a petition
File your petition in the Probate Division of the Circuit Court in the county where the proposed ward lives. The petition must identify the proposed ward, explain the need for intervention, and list your relationship and qualifications.
3. Obtain a physician’s report
Illinois law requires a physician’s certificate confirming the person’s incapacity. The report must state that the ward cannot manage personal or financial affairs due to physical or mental limitations.
4. Provide notice
Serve notice of the petition and hearing date on the proposed ward, close relatives, and any Public Guardian as required. Notice must occur at least 14 days before the hearing (735 ILCS 5/2-203).
5. Attend the court hearing
The court reviews evidence, interviews the proposed ward, and assesses your suitability. If the judge finds clear and convincing evidence of incapacity and need, they appoint you as guardian or conservator.
6. Obtain Letters of Office and post bond
After appointment, the clerk issues Letters of Office. Conservators typically must post a bond unless the court waives it under 755 ILCS 5/15-13.
7. Fulfill ongoing duties
Guardians must make decisions in the ward’s best interest. Conservators must file annual accountings under 755 ILCS 5/15-7.4. Both roles require periodic court reports.
Helpful Hints
- Contact your local circuit court clerk for blank forms and filing fees.
- Gather medical records and a current list of assets before filing.
- Serve notice early to avoid delays.
- Discuss bond requirements with the clerk if you seek a fee waiver.
- Keep detailed records, receipts, and inventories for court reports.