If you need legal authority to help a parent, spouse, adult child, or other loved one, the right path depends on whether that person can still understand and voluntarily appoint an agent.
A person cannot simply take power of attorney over another adult. The person granting authority must understand the document and choose to sign it voluntarily. If that is no longer possible and no adequate POA already exists, the family may need an Illinois court to appoint a guardian.
The line is not always obvious. A medical diagnosis does not automatically decide legal capacity, and an existing POA does not always eliminate every need for court involvement. We evaluate the person's present ability, the decisions that must be made, any existing documents, and the least restrictive solution that will actually work.
Start with the person's ability to choose—not with the label the family has been using.
If the person can understand the document and voluntarily choose an agent, powers of attorney for property and health care may provide the authority the family needs without opening a court case.
Explore Illinois powers of attorneyIf there is no adequate existing POA and the person cannot make the relevant decisions, an interested person may need to ask the court for limited or plenary guardianship.
Explore Illinois guardianshipA lawyer can review whether the document covers the problem, whether another agent can serve, and whether court involvement is needed because of refusal, conflict, or suspected misuse.
Book a free consultation| Question | Power of attorney | Guardianship |
|---|---|---|
| Who creates the authority? | The principal voluntarily appoints an agent. | A judge appoints a guardian after a court case. |
| When is it available? | While the principal can understand and voluntarily sign. | When statutory requirements are met and the court finds guardianship necessary. |
| What can it cover? | Property/financial matters and health care through separate documents. | Personal decisions, financial matters, or both, as ordered by the court. |
| Court oversight | Usually no court case or annual court reporting. | Court appointment plus ongoing reports and, when applicable, accountings. |
| Firm's standard price | $500 individual / $750 joint | $5,000 uncontested; $7,500 with the emergency add-on. Filing fees included; bond premiums and GAL fees separate. |
The comparison is general information, not a capacity determination or legal advice for a specific person.
For an individual, both the Illinois property and health care powers of attorney are $500. Joint planning for two people is $750.
Power of attorney servicesWe handle adult and minor guardianship, guardianship of the person and estate, contested matters, and the annual court compliance that follows appointment.
Guardianship servicesNot unilaterally. A power of attorney is created by the principal—the person granting authority—who must understand and voluntarily sign the document. If that person can no longer make and communicate the relevant decision, a court guardianship may be the appropriate path. Capacity is fact-specific, so an attorney should review the circumstances rather than relying only on a diagnosis.
A power of attorney is a private document voluntarily signed by a principal who chooses an agent. Guardianship is a court proceeding in which a judge decides whether a person needs a guardian and what authority the guardian should receive. Guardianship includes court oversight and continuing reporting duties.
A diagnosis by itself does not answer the legal-capacity question. The person must understand the nature and effect of the document when it is signed and act voluntarily. Because capacity can fluctuate and the facts matter, the proposed principal should be evaluated promptly and privately by an attorney.
Not always. A valid, effective power of attorney may provide enough authority and can be a less restrictive alternative to guardianship. Guardianship can still become necessary if the document does not cover the needed decision, the agent cannot or will not serve, the power is disputed, or protection from abuse is needed.
They serve different purposes. A property power of attorney addresses financial and property matters, while a health care power of attorney addresses medical decisions. Many Illinois estate plans include both so the chosen agents have authority in both areas.
Read our guide to costs, timing, court involvement, and situations where an existing POA may not be enough.
Read: Guardianship vs. Power of Attorney in IllinoisTell us what the person can do today, what decisions need to be made, and whether any documents already exist. We will help identify the appropriate next step.
