Guardianship and conservatorship in Illinois: who, where, cost
How a court can name a guardian or conservator in Illinois, what it costs and what to try first.
Checked against official sources: October 31, 2026.
Short answer
Guardian of the person, guardian of the estate (limited or plenary); temporary guardian; standby and short-term guardian.
- Court
- Circuit court (probate) of the county where the adult lives; if the adult does not live in Illinois, a county where their property is located.
What guardianship or conservatorship is
- What it is called
Guardian of the person, guardian of the estate (limited or plenary); temporary guardian; standby and short-term guardian
- When a court may appoint one
The court may find an adult to be a 'person with a disability' only by clear and convincing evidence (for example, because of mental deterioration or physical incapacity the person is not fully able to manage their person or estate). Guardianship is used only as necessary and only to the extent required by the person's actual limitations. If the person lacks some but not all capacity, the court appoints a limited guardian; a plenary guardian only if the person is totally without capacity and limited guardianship would not protect them.
Law: 755 ILCS 5/11a-2, 11a-3, 11a-12
- Kinds
- Limited guardian of the person and/or estate
- Plenary guardian of the person and/or estate
- Temporary guardian
- Standby guardian
- Short-term guardian
Law: 755 ILCS 5/11a-2 to 11a-26
Who can ask, which court and your own choice
- Who may ask
A reputable person, the alleged person with a disability, or the court on its own motion.
Law: 755 ILCS 5/11a-3(a)
- Court
Circuit court (probate) of the county where the adult lives; if the adult does not live in Illinois, a county where their property is located. In Cook County, the Probate Division's Adult Guardianship Estates section.
Law: 755 ILCS 5/11a-7
- Choosing your own
While of sound mind you may designate in writing who should be your guardian; if it is signed and attested like a will it is presumed valid, and the court appoints that person if it serves your best interests. The statutory property form (paragraph 9) and health care form also let you nominate your agent as guardian.
Law: 755 ILCS 5/11a-6
- Effect on a power of attorney
A guardian has no power over property or personal and health care matters covered by a power of attorney unless a court orders otherwise. If an agent seeks guardianship, the petition must list the powers needed that are not already in the power of attorney, and a guardianship petition may ask the court to suspend or revoke a power of attorney.
Law: 755 ILCS 45/2-10(g); 755 ILCS 5/11a-17(c)
Cost, fee waiver and forms
- Fee waiver
Application for Waiver of Court Fees
Law: Illinois Supreme Court statewide civil fee waiver forms, Rule 298
- Forms
- Steps
Other options and where to report abuse
- Supported decision-making
Supported Decision-Making Agreement Act
Effective February 27, 2022 (P.A. 102-614)
A supported decision-making agreement lets an adult choose a supporter to help them understand, make and communicate their own decisions, as a less restrictive option than guardianship. Under current law it is for adults with intellectual or developmental disabilities; an amendment effective January 1, 2027 opens it to other adults who are not under plenary guardianship.
You and your supporter sign and date the agreement in front of 2 or more witnesses who are at least 18. Your supporter cannot be a witness.
Source: Official text
- Less restrictive options
- Power of attorney for property and for health care: Naming agents while you can still decide may avoid guardianship; a guardian cannot override an agent's authority without a court order.
- Health care surrogate: Without a document, a family member or close friend can make medical decisions as surrogate under the Health Care Surrogate Act without going to court.
- Supported decision-making agreement: An adult keeps the right to decide and chooses supporters to help.
- Limited guardianship: If a guardian is needed, the court must limit the guardian's powers to what the person actually cannot do.
- Report abuse or exploitation
Illinois Department on Aging, Adult Protective Services · 1-866-800-1409
Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov
Law: 755 ILCS 9/5, 9/10, 9/45
Free help in Illinois
- Illinois Legal Aid Online: Adult guardianship
- Illinois Department on Aging Senior HelpLine · 1-800-252-8966
- Illinois Department of Public Health: Advance Directives (forms and explanations)
- Illinois Department on Aging: Legal Forms - Advance Directives
- Circuit Court of Cook County: Adult Guardianship
- Illinois Guardianship and Advocacy Commission
- Find free legal aid at LawHelp.org
Report abuse or exploitation
Illinois Department on Aging, Adult Protective Services · 1-866-800-1409
Questions about powers of attorney in Illinois
How does guardianship or conservatorship work in Illinois?
The court may find an adult to be a 'person with a disability' only by clear and convincing evidence (for example, because of mental deterioration or physical incapacity the person is not fully able to manage their person or estate).
What are the alternatives to guardianship in Illinois?
Power of attorney for property and for health care; Health care surrogate; Supported decision-making agreement; Limited guardianship.