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.
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. Billed hourly against a $5,000 retainer.
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.
Annual Compliance
The annual report on the ward and the estate accounting that Illinois requires for the life of the guardianship.
Interim Petitions & Termination
Sale of real estate, extraordinary expenditures, change of placement, and restoration of the ward’s rights.
How adult guardianship is billed
Adult guardianship of the person and estate is billed hourly against a $5,000 retainer — not a flat fee — at $450 / hour attorney and $175 / hour paralegal. We bill it this way because even an uncontested adult guardianship carries work we do not fully control: a physician’s report that has to be obtained and sometimes re-obtained, a respondent who must be personally served, and a guardian ad litem whose recommendations we must answer. Billing it honestly by the hour is fairer than a flat fee that quietly absorbs those hours.
If the guardianship is contested, it is billed against a $5,000 retainer. In every hourly matter, costs — including the guardian ad litem fee, filing fees, and the process server — are billed to you as expenses.
Uncontested — person & estate
$5,000 retainer + hourly
Contested
$5,000 retainer + hourly
Annual Compliance Plan
$2,300 / 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).
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. Billed hourly against a $5,000 retainer, with your flat fee credited.
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 $4,500, 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: $4,500 is the price, not $4,500 plus filing plus service plus court costs.
Minor Guardianship — uncontested
$4,500
Flat, all court costs included.
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 — is billed hourly against a $5,000 retainer at $450 / hour attorney and $175 / hour paralegal, because the amount of work is driven by the opposing party, not by us. Costs, including the guardian ad litem fee, are billed to you as expenses on a separate line.
If a flat-fee guardianship becomes contested
If a matter we took on a flat fee — a minor guardianship, for example — becomes contested, it converts to representation billed hourly against a $5,000 retainer. The unearned portion of the flat fee you have already paid — the part we have not yet earned, as determined by the firm — is credited toward that retainer and held in our client trust account, drawn down only as fees are actually earned and billed. We notify you in writing of the exact amount credited. We explain all of this before you engage us, and it is written into your engagement agreement, so it is never a surprise.
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.
Our Guardianship Compliance Plan ($2,300 per year) prepares and files both on the court’s schedule so you never miss a deadline.
Guardianship by county
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