Illinois Estate Law

Guardianship in Illinois

Guardianship of an adult who can no longer decide, or of a minor child — contested and uncontested. One firm for the petition, the physician’s report, the guardian ad litem, and the years of court reporting that follow appointment.

Not sure whether you need power of attorney or guardianship?

If the person can still understand and voluntarily appoint an agent, a POA may be the less restrictive solution. If not, guardianship may be necessary. Start with our plain-language Illinois decision guide.

POA or Guardianship?

Adult and minor guardianship, in one place

Guardianship is how an Illinois court gives one person the legal authority to make decisions for another person who cannot safely make them. There are two very different situations: an adult who has lost the ability to decide because of dementia, a disability, or an injury; and a minor child who needs an adult other than a parent to care for them. We handle both, and within each we handle guardianship of the person (care and medical decisions) and of the estate (money and property), whether the matter is uncontested or contested.

Use the links below to jump to the situation that fits yours.

Adult Guardianship in Illinois

Adult guardianship is how an Illinois court gives one person the legal authority to make decisions for another adult who can no longer make them safely. It is used for a parent with advancing dementia, an adult child with a developmental disability who is turning 18, or a spouse after a stroke or serious injury — in each case where no adequate power of attorney is already in place.

Illinois law requires the least restrictive arrangement that meets the person’s needs, so the first thing we do is check whether guardianship is even necessary, or whether an existing power of attorney or a supported decision-making arrangement would do the job. When guardianship is the right tool, we handle the whole proceeding: the petition, the physician’s report, personal service on the respondent, coordination with the court-appointed guardian ad litem, the surety bond and inventory for the estate, and the hearing.

We handle both uncontested adult guardianships and contested ones — where the respondent objects to being found disabled, a family member files a competing petition, or an existing guardian is challenged.

Guardianship of the Person

Authority over care, residence, and medical decisions for an adult who can no longer make them.

Guardianship of the Estate

Authority over money, property, benefits, and income — with a duty to account to the court for every dollar.

Contested Guardianship

When the respondent objects, a sibling files a competing petition, or a guardian faces removal. Starts with a $5,000 flat fee for a defined initial scope; additional flat fees apply only when listed litigation events actually occur.

GAL & Physician’s Report

We coordinate the court-appointed guardian ad litem and the physician’s report (CCP 0211 / CIC-2) required to establish disability.

Personal Annual Report

Preparation and filing of the personal annual report on the ward is $750 each year it is filed. Estate accounting is not included in this fee; applicable court reporting duties still apply.

Interim Petitions & Termination

Sale of real estate, extraordinary expenditures, change of placement, and restoration of the ward’s rights.

Emergency Temporary Guardianship

Includes filing of the emergency motion and temporary-guardianship petition during the same calendar week when purchased by Tuesday, plus one emergency hearing and the full uncontested case. $2,500 add-on — $7,500 total.

How adult guardianship is billed

An uncontested adult guardianship of the person and estate is a flat $5,000. The firm’s work and all court filing fees are included: the petition, physician-report coordination, personal-service coordination, GAL coordination, inventory and surety-bond coordination, and hearing. Bond premiums and court-appointed guardian ad litem fees are not included because they are third-party charges.

What you pay after the case ends. The $5,000 flat fee is paid once. Being appointed guardian carries an ongoing court obligation: a guardian of the person must file an annual report on the ward every year the guardianship continues (755 ILCS 5/11a-17(b)). We prepare and file that report for $750 per year. It is a separate recurring fee, not part of the flat fee.

A guardianship becomes contested when the respondent objects, a competing petition is filed, or a sitting guardian is challenged. 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.

Uncontested — person & estate

$5,000 flat

Filing fees included; bond premiums and GAL fees separate.

Contested

Starts with $5,000

Personal Annual Report

$750 / yr

Where fees are paid from the ward’s estate, Illinois law requires that they be reasonable and approved by the court (755 ILCS 5/27-2; 755 ILCS 5/11a-18).

Immediate welfare or asset protection

Emergency Temporary Adult Guardianship

When a decision cannot safely wait for the regular hearing, Illinois law allows the court to appoint a temporary guardian with specifically limited powers. The temporary petition must be filed with or after the full guardianship petition, and the court decides whether immediate protection is necessary.

Our emergency add-on is $2,500 in addition to the $5,000 full uncontested adult guardianship, for a concrete total of $7,500. It includes filing of the emergency motion and temporary-guardianship petition during the same calendar week when purchased by Tuesday. All court filing fees are included. Bond premiums and GAL fees are not included.

Review Emergency Guardianship

Emergency + full case

$7,500

$5,000 full guardianship + $2,500 emergency add-on

  • • Same-week filing of the emergency motion and temporary petition when purchased by Tuesday
  • • Proposed temporary order
  • • One temporary-guardianship hearing
  • • Full uncontested guardianship through regular appointment
  • • All court filing fees included

No result or hearing date is guaranteed. If the matter becomes contested, contested-matter billing applies.

Guardian of the Person vs. Guardian of the Estate

Guardian of the Person

Authority over care, residence, and medical decisions — where the ward lives, what treatment they receive, and their day-to-day well-being. A guardian of the person files an annual report on the ward (755 ILCS 5/11a-17(b)) but is subject to lighter financial reporting.

Guardian of the Estate

Authority over money and property — paying bills, managing accounts and benefits, and handling contracts. A guardian of the estate must file a court accounting and personally bears the burden of proving that every disbursement was proper (755 ILCS 5/24-11), which is why it requires a surety bond and an inventory.

Where the person has assets, the guardianship usually covers both. Illinois courts can appoint one person as both guardian of the person and of the estate, or different people for each role — and can limit a guardian’s authority to only the areas where the ward actually needs help (a limited guardianship) rather than granting full plenary authority.

Minor Guardianship in Illinois

Minor guardianship gives an adult who is not the child’s parent the legal authority to care for and make decisions for that child. It is most often used by a grandparent or other relative raising a child because the parents have died, are unable to care for the child, or agree that someone else should.

Guardianship is not adoption. It does not permanently end the parents’ rights, and it can be ended if circumstances change — which is exactly why it is the right tool when the goal is to care for a child through a difficult period rather than to permanently change the child’s legal parentage. A guardianship of a minor ends automatically when the child turns 18.

We handle both uncontested minor guardianships — where the parents consent or do not object — and contested ones, where a parent objects or a competing petition is filed.

Guardianship by a Relative

For a grandparent, aunt, uncle, or family friend stepping in to raise a child when the parents cannot.

Parental Consent Guardianship

When a parent consents to another adult being appointed guardian — the most common and most straightforward path.

Short-Term & Standby Guardianship

A parent planning ahead can designate a short-term or standby guardian that takes effect on a future event.

Contested Minor Guardianship

When a parent objects or files a competing petition. Starts with a $5,000 flat fee for a defined initial scope; additional flat fees apply only when listed litigation events actually occur.

Guardianship of the Minor’s Estate

Where a child has received money or property — an inheritance or settlement — that must be managed under court supervision.

Termination at Majority

A minor guardianship ends when the child turns 18; we handle the closing where an estate accounting is required.

Flat-fee minor guardianship

An uncontested minor guardianship is a flat $5,000, and that fee is all-inclusive of court costs — there is nothing billed on top of it. Because Illinois eliminated minor-guardianship filing and appearance fees on October 1, 2025, there is not even a court filing fee to pass through. It is a genuine flat fee: $5,000 is the price, not $5,000 plus filing plus service plus court costs.

What you pay after the case ends. The $5,000 flat fee is paid once. Being appointed guardian carries an ongoing court obligation: a guardian of the person must file an annual report on the ward every year the guardianship continues (755 ILCS 5/11a-17(b)). We prepare and file that report for $750 per year. It is a separate recurring fee, not part of the flat fee.

Minor Guardianship — uncontested

$5,000

Flat, all court costs included.

Talk through your guardianship options

Adult or minor, contested or uncontested, get started online or book a free consultation and we will tell you exactly what your matter needs and what it will cost.

Contested Guardianship in Illinois

A guardianship becomes contested the moment someone formally opposes it — the respondent objects to being found disabled, a family member files a competing petition to be the guardian instead, or an existing guardian is challenged and faces removal. At that point the matter is litigation: discovery, evidence, and, if it does not settle, a hearing before the judge.

A contested guardianship — adult or minor — starts with a $5,000 flat fee. Starts with a $5,000 flat fee for the initial contested scope—not the entire contest. Contested cases may incur additional flat fees only when listed litigation events actually occur. Each additional scope and fee is explained in writing before it is incurred. Third-party costs, including a guardian ad litem fee when applicable, remain separate.

If a flat-fee guardianship becomes contested

Uncontested guardianship — adult or minor — is a flat fee. If a matter accepted as uncontested becomes contested, the initial contested flat-fee scope applies. The firm explains how the amount already paid applies and identifies any event-based additional flat fees in writing before the contested engagement begins.

Annual Guardianship Compliance

Being appointed guardian is the beginning, not the end. Illinois requires ongoing court reporting for the life of the guardianship: a guardian of the person files an annual report on the ward (755 ILCS 5/11a-17(b)), and a guardian of the estate files an accounting within 30 days of the one-year anniversary of appointment and thereafter on the court’s schedule (755 ILCS 5/24-11). Missing these deadlines is one of the most common reasons a guardian gets into trouble with the court.

The annual report on the ward is $750 per year, charged each year it is filed. This fee covers preparation and filing of the personal annual report only; it does not include estate accounting. The personal annual report is the only additional firm fee for ordinary uncontested guardianship; routine administration, closing and termination remain included. Existing signed engagements are honored.

Talk to a guardianship attorney

Adult or minor, contested or uncontested — schedule a consultation and we’ll tell you exactly what your matter needs and what it will cost.

Schedule a Guardianship Consultation

Illinois Guardianship — Frequently Asked Questions