Adult Guardianship in Illinois
Reviewed by DocDraft Legal Team - Illinois - Last updated October 9, 2026
Illinois uses "guardian of the person," "guardian of the estate," or both, for an adult the Probate Act calls a "person with a disability" (755 ILCS 5/Article XIa); it does not use "conservator" for adults. A court may adjudge a person to be a person with a disability only if it has been demonstrated by clear and convincing evidence, and the guardianship is limited or plenary depending on how much capacity is lacking (755 ILCS 5/11a-3(a), 11a-12). The petition should be accompanied by a report signed by the evaluators, one of whom shall be a licensed physician (or a licensed clinical psychologist for an intellectual disability), based on evaluations performed within 3 months of filing, or one year for a psychologist's evaluation of an intellectual disability (755 ILCS 5/11a-9). Unless the person is the petitioner, the person is personally served with the petition and a summons not less than 14 days before the hearing, which is set to take place within 30 days, and the person may demand a jury of 6 (755 ILCS 5/11a-10, 11a-11). In Cook County the petition is on form CCP 0200 in the Probate Division; elsewhere ask the circuit clerk which form the court requires.
Find out where you stand in Illinois
What is happening with the adult you are concerned about?
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How does a court decide an adult needs a guardian in Illinois?
The court may adjudge a person to be a person with a disability, an adult 18 or older, only if it has been demonstrated by clear and convincing evidence. For a guardian of the person, the evidence must show the person lacks sufficient understanding or capacity to make or communicate responsible decisions about the care of his person.
Which court and which form start an adult guardianship in Illinois?
Contact the circuit clerk of the county. In Cook County the case is heard in the County Department, Probate Division, and the petition is form CCP 0200, Petition for Appointment of Guardian of a Person with a Disability. In other counties, ask the circuit clerk which form is required, because the court's requirements control.
Does Illinois require a doctor's report for an adult guardianship?
The petition should include a report signed by the evaluators, one a licensed physician (or licensed clinical psychologist for an intellectual disability). Evaluations must be within 3 months of filing, or one year for a psychologist's intellectual disability evaluation. If none is filed, the court shall order evaluations, with the report filed at least 10 days before the hearing.
What rights does the person have in an Illinois guardianship case?
Unless the person is the petitioner, the person is personally served with the petition and a summons not less than 14 days before the hearing. The court shall appoint counsel upon the person's request or if the person takes a position adverse to the guardian ad litem, and may appoint counsel if the person's interests will be best served. The person may demand a jury of 6.
Illinois's person with a disability standard, physician-signed report, and 14-day personal service
Illinois has its own vocabulary. The adult is a "person with a disability" (also called the respondent, ward or alleged person with a disability), and the court appoints a guardian of the person, a guardian of the estate, or both under Article XIa of the Probate Act of 1975, 755 ILCS 5/11a-1 to 11a-23. A person with a disability is a person 18 years or older who, among other listed grounds, because of mental deterioration or physical incapacity is not fully able to manage his person or estate (755 ILCS 5/11a-2). The court may adjudge a person to be a person with a disability only if it has been demonstrated by clear and convincing evidence, and a guardian of the person additionally requires clear and convincing evidence that because of the disability the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care of his person (755 ILCS 5/11a-3(a)). Guardianship is limited, where only some capacity is lacking, or plenary, and is to be ordered only to the extent necessitated by the individual's actual mental, physical and adaptive limitations (755 ILCS 5/11a-3(b), 11a-12). The petition should be accompanied by a report signed by every person who performed the evaluations, one of whom shall be a licensed physician (a licensed clinical psychologist for an intellectual disability), with the evaluations performed within 3 months of filing; if none accompanies the petition, the court shall order evaluations and the report is filed at least 10 days before the hearing (755 ILCS 5/11a-9). Unless the respondent is the petitioner, the respondent is personally served with the petition and a summons not less than 14 days before the hearing, and the hearing is set to take place within 30 days. The court appoints a guardian ad litem unless it determines one is not necessary, shall appoint counsel upon the respondent's request or if the respondent takes a position adverse to the guardian ad litem, and the respondent may demand a jury of 6 (755 ILCS 5/11a-10, 11a-11). Where the guardian of the person is concerned, a report to the court is required only if the court directs (755 ILCS 5/11a-17(b)).
Relevant Laws
Illinois Probate Act 755 ILCS 5/11a-2 and 11a-3 (Person with a disability; adjudication)
Defines a person with a disability as a person 18 years or older meeting listed grounds, and sets the clear and convincing evidence standard for adjudication and for appointing a guardian of the person or estate; section 11a-3(b) limits guardianship to what is necessary.
Illinois Probate Act 755 ILCS 5/11a-9 (Report accompanying petition)
Provides that the petition should be accompanied by a report signed by the evaluators, one of whom shall be a licensed physician (or a licensed clinical psychologist for an intellectual disability), with evaluations performed within 3 months of filing (one year for a psychologist's evaluation of an intellectual disability), and requires the court to order evaluations and a report filed at least 10 days before the hearing if none accompanies the petition.
Illinois Probate Act 755 ILCS 5/11a-10 and 11a-11 (Procedure and hearing)
Sets the hearing within 30 days, personal service of the petition and summons not less than 14 days before the hearing, the guardian ad litem, appointment of counsel, and the respondent's rights including a jury of 6.
Circuit Court of Cook County Probate Division Court Forms
Lists Cook County adult guardianship forms including CCP 0200 (Petition for Appointment of Guardian of a Person with a Disability), CCP 0201 (Summons), CCP 0202 (Petition for Temporary Guardian), CCP 0204 and CCP 0209. For other counties, ask the circuit clerk.
Regional Variances
Illinois adult guardianship requirements
Court
In Cook County, the County Department, Probate Division. In other counties, ask the circuit clerk which court handles the case and about local requirements.
Terms used
Guardian of the person, guardian of the estate, or both, for a "person with a disability" (also called the respondent, ward or alleged person with a disability). Guardianship is limited or plenary (755 ILCS 5/11a-12). Illinois does not use "conservator" for adults.
Petition form
Cook County: CCP 0200, Petition for Appointment of Guardian of a Person with a Disability, with CCP 0201 (summons) and CCP 0202 (temporary guardian). In other counties ask the circuit clerk which form the court requires; the court's requirements control.
Incapacity standard and proof
A person with a disability is a person 18 years or older who, among other listed grounds, because of mental deterioration or physical incapacity is not fully able to manage his person or estate (755 ILCS 5/11a-2). A guardian of the person also requires that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care of his person. Standard of proof: clear and convincing evidence, for the disability finding and separately for each of the person and the estate (755 ILCS 5/11a-3(a)).
Medical or evaluator report
The petition should be accompanied by a report signed by every evaluator, one of whom shall be a licensed physician (a licensed clinical psychologist for an intellectual disability), with evaluations performed within 3 months of filing (within one year for a psychologist's evaluation of an intellectual disability). If none accompanies the petition, the court shall order evaluations and the report is filed at least 10 days before the hearing (755 ILCS 5/11a-9).
Notice and service
Unless the respondent is the petitioner, personal service of the petition and a summons not less than 14 days before the hearing, which is set to take place within 30 days. Other listed persons, including the proposed guardian, get notice of the hearing by mail or in person not less than 14 days before it (755 ILCS 5/11a-10).
Right to counsel
The court may appoint counsel if the respondent's interests will be best served, and shall appoint counsel upon the respondent's request or if the respondent takes a position adverse to the guardian ad litem. The statute does not tie this to indigency. A guardian ad litem is appointed unless the court determines it is not necessary (755 ILCS 5/11a-10). The respondent may demand a jury of 6 (755 ILCS 5/11a-11).
Less restrictive alternatives
Guardianship shall be utilized only as is necessary and ordered only to the extent necessitated by the individual's actual mental, physical and adaptive limitations (755 ILCS 5/11a-3(b)). Limited guardianship where only some capacity is lacking (755 ILCS 5/11a-12). A guardian has no power over matters covered by a surviving power of attorney absent a court order (755 ILCS 5/11a-17(c)). Supported decision-making is a separate voluntary statute (755 ILCS 9/).
Temporary guardian
On a showing of the necessity for the immediate welfare and protection of the alleged person with a disability or the estate; hearing notice at least 3 days before, waivable for good cause; expires within 60 days after appointment or when a guardian is regularly appointed, whichever occurs first. Extensions are limited (755 ILCS 5/11a-4).
Bond and reports
Oath and court-approved bond; the court may waive bond for a representative of the person of a ward (755 ILCS 5/12-2(a)). Estate bond: not less than double the personal estate with individual sureties or if excused, 1 1/2 times with a surety company (755 ILCS 5/12-5(a)). Estate inventory within 60 days after letters (755 ILCS 5/14-1(a)). Estate account within 30 days after one year from letters; if no time is set, within 30 days after 3 years from the preceding account (755 ILCS 5/24-11(a)). Guardian of the person reports if the court directs (755 ILCS 5/11a-17(b)).
Suggested Compliance Checklist
Weigh less restrictive alternatives
Before filing days after startingAsk whether a durable power of attorney or healthcare power of attorney signed while the person can still understand it, or, for an adult with an intellectual or developmental disability, a supported decision-making agreement, would meet the need. Illinois guardianship is ordered only to the extent necessitated by the person's actual limitations, and limited guardianship applies where only some capacity is lacking.
Confirm the court and the petition form
Before filing days after startingContact the circuit clerk of the county. In Cook County the Probate Division uses form CCP 0200; in other counties ask which petition form the court requires, because the court's requirements control.
Obtain the evaluation report
Before filing days after startingArrange a report signed by every evaluator, one of whom shall be a licensed physician (a licensed clinical psychologist for an intellectual disability), based on evaluations performed within 3 months of filing (one year for a psychologist's evaluation of an intellectual disability). If none accompanies the petition, the court shall order evaluations and the report is filed at least 10 days before the hearing.
File the petition and serve the respondent
At filing; service not less than 14 days before the hearing days after startingFile the petition. Unless the respondent is the petitioner, the respondent is personally served with the petition and a summons not less than 14 days before the hearing, and other listed persons get notice of the hearing by mail or in person not less than 14 days before it. The hearing is set to take place within 30 days.
Post bond and meet inventory and reporting duties
After letters issue days after startingFile the oath and court-approved bond; the court may waive bond for a representative of the person of a ward. For an estate, file the verified inventory within 60 days after letters and the first account within 30 days after one year from letters; a guardian of the person reports if the court directs.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Weigh less restrictive alternatives | Ask whether a durable power of attorney or healthcare power of attorney signed while the person can still understand it, or, for an adult with an intellectual or developmental disability, a supported decision-making agreement, would meet the need. Illinois guardianship is ordered only to the extent necessitated by the person's actual limitations, and limited guardianship applies where only some capacity is lacking. | durable-power-of-attorney | Before filing |
| Confirm the court and the petition form | Contact the circuit clerk of the county. In Cook County the Probate Division uses form CCP 0200; in other counties ask which petition form the court requires, because the court's requirements control. | - | Before filing |
| Obtain the evaluation report | Arrange a report signed by every evaluator, one of whom shall be a licensed physician (a licensed clinical psychologist for an intellectual disability), based on evaluations performed within 3 months of filing (one year for a psychologist's evaluation of an intellectual disability). If none accompanies the petition, the court shall order evaluations and the report is filed at least 10 days before the hearing. | - | Before filing |
| File the petition and serve the respondent | File the petition. Unless the respondent is the petitioner, the respondent is personally served with the petition and a summons not less than 14 days before the hearing, and other listed persons get notice of the hearing by mail or in person not less than 14 days before it. The hearing is set to take place within 30 days. | - | At filing; service not less than 14 days before the hearing |
| Post bond and meet inventory and reporting duties | File the oath and court-approved bond; the court may waive bond for a representative of the person of a ward. For an estate, file the verified inventory within 60 days after letters and the first account within 30 days after one year from letters; a guardian of the person reports if the court directs. | - | After letters issue |
Frequently Asked Questions
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Filing a Workplace Harassment Complaint in Illinois
Filing Chapter 7 Bankruptcy in Illinois (2026)
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