Illinois Estate Law

Illinois Adult Guardianship Lawyer

Clear, fixed-fee representation when a parent, spouse, adult child, or other loved one can no longer safely make personal or financial decisions.

Need authority now?

Tell us what is happening—not which legal form you think you need.

We will screen for an existing POA, immediate danger, family objections, the physician's report, and whether temporary guardianship may be justified.

Start with your situation

Which description sounds most like your family?

A parent has dementia

You need authority over care, residence, bills, property, or benefits because no adequate POA is available.

Review adult guardianship

A stroke or injury changed everything

A spouse or family member suddenly cannot make or communicate responsible personal or financial decisions.

See the standard service

An adult child is turning 18

Your child has a significant disability and may need continued decision-making support after becoming a legal adult.

Plan the transition

Immediate harm cannot wait

There is an urgent medical, placement, safety, exploitation, or asset-protection issue requiring temporary court authority.

Request urgent review
Concrete pricing

New hourly adult and minor guardianship engagements are billed at $325 per attorney hour and $150 per paralegal hour. Existing signed engagements are honored.

Choose the level of court intervention the facts require

Uncontested guardianship includes all court filing fees. Bond premiums and court-appointed guardian ad litem fees are separate third-party charges and are not included.

Standard uncontested case

Full Adult Guardianship

$5,000

Retainer with hourly billing; not a fixed total fee. All court filing fees included.

  • Petition for adjudication of disability and appointment of guardian
  • All court filing fees
  • Physician-report coordination
  • Personal-service and notice coordination
  • Guardian ad litem coordination
  • Hearing preparation and representation
  • Inventory and surety-bond coordination when estate guardianship is required
  • Attorney consultations within the written scope

Not included: surety-bond premiums and court-appointed GAL fees.

Review the $5,000 service
Immediate protection requested

Emergency + Full Adult Guardianship

$7,500

$5,000 retainer (hourly billing) + $2,500 emergency add-on. All court filing fees included.

  • Everything included in the full adult-guardianship package
  • Includes filing of the emergency motion and temporary-guardianship petition during the same calendar week when purchased by Tuesday.
  • Priority preparation of the proposed temporary order
  • One temporary-guardianship hearing
  • Notice and supporting-document coordination
  • Continued representation through the uncontested permanent-guardianship hearing

Not included: surety-bond premiums and court-appointed GAL fees. The court controls the hearing date and whether temporary authority is granted.

Request urgent case review

If the matter becomes contested

An objection, competing petition, or dispute over the proposed guardian changes the case into contested litigation. Contested representation starts with a $5,000 flat fee for a defined initial scope—not the entire contest. Additional flat fees apply only when listed litigation events actually occur.

What “emergency guardianship” means in Illinois

Illinois law calls this a temporary guardianship. The court may grant specifically limited powers when immediate welfare or estate protection requires action before the full guardianship can be decided.

The temporary petition must accompany or follow the full guardianship petition. Notice is generally required at least three days before the hearing unless the court finds good cause to waive it. A temporary appointment ordinarily expires within 60 days or when the regular guardian is appointed, whichever comes first.

Examples that may require urgent review

  • Unsafe discharge or immediate placement decision
  • Urgent medical decision without effective authority
  • Active financial exploitation or rapidly disappearing assets
  • Immediate risk of eviction, foreclosure, utility shutoff, or loss of benefits
  • A current guardian has died, resigned, or become unable to serve
Illinois adult guardianship attorney Anna M. Rafanelli
Your guardianship attorney

Meet Anna M. Rafanelli

Anna focuses on probate and elder law, particularly adult guardianships. Her civil-litigation background helps families navigate evidentiary issues, court procedure, and the sensitive conflicts that can arise when a loved one's safety and autonomy are both at stake.

Licensed in Illinois and Indiana
Admitted in the Northern District of Illinois
Adult guardianship and elder-law focus
Civil-litigation experience
Meet the legal team

Referring a patient, resident, client, or family?

Hospital teams, geriatric care managers, social workers, disability-transition professionals, memory-care communities, and financial professionals can use our guardianship referral pathway to give families a clear next step.

Professional referral resources

Helpful information to send with a referral

  • The immediate decision or risk requiring authority
  • Any existing POA, trust, or health-care directive
  • The person’s current location and county of residence
  • Whether a physician can provide a current report
  • Known family objections, exploitation concerns, or court dates

Illinois Adult Guardianship — Frequently Asked Questions

A practical Illinois guardianship guide

How the court process protects an adult or child while preserving rights

This guide explains the questions Illinois clients should understand before choosing a service. It is written for practical decision-making and does not assume that every family needs the same package or court process.

Start with the legal result—not a document name

People often arrive asking for a particular form when the more important question is what they need the law to accomplish. The purpose of guardianship is to obtain only the authority that is actually necessary to protect the person, manage property, or provide both forms of support under continuing court supervision. A useful first meeting therefore begins with the people, property, deadlines, and decisions involved. Only after those facts are clear should the lawyer recommend a document, filing, or package. That approach reduces the chance of paying for a solution that does not address the actual problem.

For a Illinois family, the central issue is usually whether a valid power of attorney or another less restrictive option is available, and whether the requested authority concerns the person, the estate, or both. The answer can change the scope, timeline, and cost of the work. It can also reveal that more than one legal tool is needed. A focused review at the beginning creates a written roadmap and helps the client distinguish immediate tasks from issues that can be handled later.

Information to gather before the first legal review

Good advice depends on accurate information. Helpful materials commonly include medical or school records, existing powers of attorney, information about income and assets, proposed care arrangements, family contact information, and any documents showing an immediate safety or financial concern. A client does not need a perfect file before asking for help, but sharing what is already available lets the attorney identify gaps early. Names should be written exactly as they appear on legal and financial records, and clients should flag any urgent date, threatened action, pending sale, medical concern, or family disagreement.

An asset list should show how each item is owned, not merely what it is worth. A house titled jointly, an account with a payable-on-death beneficiary, and property held in a trust can follow different legal paths. The same is true of authority: being a spouse, child, beneficiary, or nominated executor does not automatically grant present power to sign, withdraw money, sell property, or make health-care decisions.

How the Illinois process is organized

A well-managed matter follows a sequence: evaluate alternatives, define the requested authority, prepare and file the petition, complete service and notice, work with any guardian ad litem, present the evidence, obtain and qualify under the appointment, and calendar ongoing reports or accountings. Some steps overlap, but each has a different purpose. The attorney should explain what must happen, who is responsible, what information is still needed, and what event will move the matter to the next stage. Clients should receive copies of important drafts, filed documents, recorded instruments, and final materials for their own records.

Illinois law supplies the statewide framework, while document requirements, institutional practices, and local court procedures can affect execution. A virtual legal process can handle many conferences, reviews, signatures, and status updates efficiently, but a court, lender, recorder, witness, notary, or other institution may still impose a specific form or appearance requirement. Those requirements should be confirmed for the actual matter.

The client and attorney have different responsibilities

The attorney prepares legal work, advises on choices, identifies foreseeable risks, and communicates deadlines within the agreed scope. The client supplies complete facts, reviews drafts, makes the personal decisions, signs accurately, preserves originals, and promptly reports changes. When another professional is involved—such as an accountant, financial adviser, physician, lender, title company, appraiser, or insurance agent—the lawyer can coordinate legal issues without replacing that professional’s separate judgment.

Clients should ask who will be the day-to-day contact, how updates will be delivered, what response time to expect, and which decisions require express approval. A secure portal or organized email record is especially useful when several relatives or professionals are participating. Clear communication is not merely a convenience; it prevents inconsistent instructions and creates a reliable history of the decisions made.

Timing depends on facts and outside participants

A quoted turnaround is usually an estimate, not a guarantee. Timing can depend on how quickly the client provides records and decisions, whether signatures are readily available, and whether a court, recorder, financial institution, medical provider, lender, opposing party, or other third party must act. An emergency should be identified immediately because ordinary scheduling may not protect a person, asset, deadline, or transaction.

Clients can keep the matter moving by answering consolidated questions, uploading legible documents, naming one primary family contact, and reviewing drafts promptly. The attorney should identify hard deadlines separately from target dates. If circumstances change—such as a death, hospitalization, objection, new contract, discovered asset, title problem, or loss of capacity—the strategy may need to change as well.

Flat fees work best with a clearly written scope

A flat fee should state the legal service included, the assumptions on which the price is based, and the work that would require a separate agreement. Clients should be able to tell whether filing, publication, recording, routine conferences, signing support, or third-party charges are included. A concrete price is useful only when the client can compare the scope attached to it.

A matter can also change after it begins. An objection, contested hearing, deposition, title defect, emergency request, additional property, tax issue, or work outside the original package may call for a separately disclosed flat fee. That does not mean every complication is charged automatically. The triggering event should actually occur, the new work should be explained in writing, and overlapping work should not be billed twice when it is already included in a broader accepted phase.

Common problems are easier to address before signing or filing

The most avoidable problems include requesting broader authority than the evidence supports, incomplete service, family conflict, an unclear care plan, unmanaged assets, or failing to understand the guardian’s duties after appointment. Forms alone rarely reveal these conflicts because the difficulty comes from how a document or order interacts with ownership, family circumstances, deadlines, and other legal instruments. A careful review tests the proposed solution against likely real-world events rather than assuming the form will operate in isolation.

Clients should disclose estrangement, blended-family concerns, disability, creditor issues, pending divorce, unusual gifts, prior marriages, jointly owned property, business interests, possible objections, and any doubt about capacity or undue influence. These facts do not necessarily make the matter impossible or contested. They allow the lawyer to recommend stronger documentation, appropriate witnesses, a narrower strategy, or additional advice before a preventable dispute develops.

Consider less restrictive and less costly alternatives

The largest legal process is not always the best solution. Depending on the facts, a health-care or property power of attorney, supported decision-making, representative payee arrangement, educational authorization, trust, or targeted court order may sometimes avoid or narrow a guardianship. The advantages and limits should be compared in plain language. An option that is inexpensive today may create probate, tax, control, eligibility, or title problems later, while a comprehensive process may be unnecessary when a narrow correction will accomplish the goal.

A useful comparison addresses who controls the property or decision, when authority begins and ends, whether court supervision applies, how the arrangement can be changed, what happens at incapacity or death, and how third parties will verify authority. The best choice is the one that solves the client’s actual problem with an appropriate level of cost, oversight, flexibility, and protection.

Plan for what happens after the immediate legal work

Completion is not always the end of the client’s responsibilities. Documents must be stored and sometimes delivered; accounts and property may need retitling; court representatives may have notice, reporting, tax, accounting, or recordkeeping duties; and a real-estate client should retain the final title and closing file. The attorney should identify these follow-up tasks and state whether they are included in the current scope.

Life changes can also make earlier work obsolete. Marriage, divorce, birth, death, disability, a move, a major change in assets, a new business, a fiduciary’s inability to serve, or a change in Illinois law can justify review. Keeping a current list of advisers and important documents makes that review faster and helps trusted family members find the right information during a crisis.

Questions worth asking before hiring counsel

Ask what service the lawyer recommends and why, what facts could change that recommendation, what is included in the quoted fee, which costs are paid to third parties, and what result marks completion. Also ask how urgent issues are handled, whether the process can be completed virtually, who prepares and reviews the work, and how the firm will communicate if the matter becomes more complicated.

The consultation should leave the client with a practical next step even if no engagement occurs. That may be gathering a missing record, confirming title, speaking with a physician or accountant, locating an original document, avoiding a premature distribution or transfer, or scheduling a focused follow-up. General website information is educational and cannot replace advice based on the complete facts, so individualized review is the safest way to move forward.

Get the right authority—not more court involvement than necessary

Tell us what decisions must be made, what documents already exist, and whether anything is urgent. We will identify the appropriate next step.