Types of Guardianships in DuPage County
When a family member or child needs extra support making important life decisions, navigating legal options can feel overwhelming. At Holloman & Hood, LLP, we believe in empowering families with clarity, care, and practical legal guidance.
Courts view guardianship as a significant step because it transfers specific legal rights to another person. Because of this, Illinois courts always seek the least restrictive legal option first—ensuring a person retains as much independence as possible. A judge will verify whether alternatives, such as a supported decision-making agreement or power of attorney, can meet your loved one’s needs before entering a guardianship order.
However, when formal legal protection becomes necessary, understanding your options is the first step toward peace of mind.
The 4 Types of Guardianship in Illinois
Every family situation is unique. Illinois law provides four main types of guardianship depending on your loved one’s circumstances and specific needs:
Guardianship of a Person with a Disability
Typically designed for adults (ages 18 and older), this guardianship arises when an adult child with special needs turns 18, a parent develops dementia or Alzheimer’s, or a young adult suffers a traumatic brain injury. It allows a trusted guardian to make healthcare, living, and financial decisions when the individual can no longer do so independently.
Guardianship of a Minor
This usually applies when parents pass away or are temporarily unable to care for a minor, allowing a appointed guardian to handle schooling, medical care, and daily needs. Additionally, if a minor receives a significant inheritance or personal injury settlement above the statutory threshold, a guardian of the estate is appointed to manage and protect those funds under court supervision until the child turns 18.
Limited Guardianship
Designed to promote maximum autonomy, limited guardianships tailor authority to specific tasks or timeframes (such as managing financial decisions while letting the individual maintain healthcare choices, or lasting for a set period like one year with court review).
Temporary Guardianship
Used during urgent, emergency situations, temporary guardianships can last up to 60 days in a 12-month period for adults (and up to one year for minors) to ensure immediate care and safety while permanent arrangements are evaluated
What to Expect During the Legal Process
Filing for guardianship in DuPage County involves structured steps designed to safeguard your loved one’s rights:
Filing & Notice: The person requesting guardianship files a petition with the court. The individual needing support (the respondent) must be personally served with a summons outlining their legal rights.
Appointment of a Guardian ad Litem (GAL): The court appoints an independent investigator called a Guardian ad Litem to act as the "eyes and ears" of the court. The GAL meets with family members, medical professionals, and the respondent to provide an impartial recommendation on whether guardianship is necessary. (Note: The GAL's fees are typically covered by the respondent's estate or the petitioner, though pro bono appointments occasionally occur).
Court Hearing & Appointment: After reviewing the GAL’s report and hearing testimony under oath, the court determines if guardianship should be granted. Once appointed, the guardian accepts ongoing responsibilities, including annual financial accounting and reporting on the individual’s well-being.
How We Can Help
Navigating guardianship requires a delicate balance of compassionate family support and precise legal advocacy. The experienced guardianship attorneys at Holloman & Hood, LLP regularly serve as appointed GALs in DuPage County, giving us deep insight into how local judges evaluate these cases.
If you are considering guardianship for a family member or exploring legal alternatives like powers of attorney, we are here to walk you through every step.
Contact Holloman & Hood, LLP today at general@hollomanhood.com to schedule a confidential consultation with an experienced DuPage County guardianship lawyer.