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

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

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.

More for Illinois