Guardianship of a Child or Adult in Illinois

On a petition or its own motion, the court may appoint a guardian of a minor's person, estate or both, as it finds to be in the minor's best interest. But the court has no jurisdiction to appoint a guardian if a living parent whose rights have not been terminated, whose whereabouts are known, is willing and able to make day-to-day child care decisions, unless that parent voluntarily gave up physical custody, does not object after notice, or consents in a notarized writing or in open court (or a similar statutory exception applies). A parent may also designate a guardian in a signed writing witnessed by two adults, including a will.

A reputable person, the adult, or the court on its own motion may start the case. The court may find a person to be a person with a disability only on clear and convincing evidence, and may then appoint a guardian of the person (if, because of the disability, the person lacks capacity to make or communicate responsible decisions about personal care), of the estate (if unable to manage finances), or both. Guardianship may be used only as necessary to promote the person's well-being, protect against neglect, exploitation or abuse, and encourage maximum self-reliance and independence, and only to the extent required by the person's actual limitations.