Adult Guardianship and Conservatorship Petition Requirements in Illinois

At a glance

Requirements one by one

Proceeding and state terminology

Illinois combines the adjudication and appointment requests in one Article XIa petition. Under §§ 11a-3 and 11a-8, the court may adjudicate disability and appoint a guardian of the person, a guardian of the estate, or both. The final authority may be limited or plenary. Illinois does not use a separate "conservator" label for the ordinary property-management role.

Who may file and where

Section 11a-3(a) allows a reputable person or the adult to petition and also allows the court to begin the matter on its own motion. For an Illinois resident, § 11a-7 places the case in the county of residence. For a nonresident, venue lies in a county where the adult's real or personal estate is located.

What the petition must contain

Section 11a-8 requires the petitioner's relationship and interest; the adult's name, date of birth, residence, and reasons for guardianship; any existing guardian or power-of-attorney agents; nearest relatives; the person or facility where the adult lives; approximate real and personal estate values; expected annual gross income and receipts; and the proposed guardian's identifying details, relationship, and occupation.

The current checklist does not require the petition to narrate alternatives considered or tried. A special rule is already enacted for petitions nominating a private professional guardian, but P.A. 104-547 does not take effect until January 1, 2027. New § 11a-26(b) will then require a relative-and-fiduciary contact affidavit and notice to the public guardian unless a family member makes the nomination. Pending HB 5278 and SB 3611 would also require the petition to identify each power-of-attorney agent's name and address or describe the specific steps taken in a diligent but unsuccessful inquiry.

Proof required for appointment

Section 11a-3 separates the findings. Clear and convincing evidence must first establish that the adult meets § 11a-2's disability definition. A guardian of the person additionally requires clear and convincing proof that the disability leaves the adult without sufficient understanding or capacity to make or communicate responsible personal-care decisions. A guardian of the estate requires the same burden on inability to manage the estate or financial affairs.

The Supported Decision-Making Agreement Act reinforces the capacity baseline. Under 755 ILCS 9/15, adults are presumed capable unless a court decides otherwise; a mental-illness, intellectual-disability, or developmental- disability diagnosis alone does not erase that presumption, and communication style is not itself incapacity.

Alternatives the court must address

Current Article XIa does not require a named-alternatives checklist at filing or a supported-decision-making inquiry at the hearing. It does impose two limits. Section 11a-3(b) permits guardianship only as necessary and only to the extent of actual mental, physical, and adaptive limitations. Section 11a-12(b) requires a limited guardian when the adult lacks some but not all capacity and guardianship is necessary. Plenary authority is reserved for total lack of capacity plus a finding that limited guardianship will not provide sufficient protection.

Illinois separately recognizes supported decision-making for qualifying adults with intellectual or developmental disabilities as a less-restrictive alternative under 755 ILCS 9/5. Pending HB 3372 would add an express inquiry about that alternative to the guardian ad litem's work and the hearing.

Notice, service, and hearing timing

The court sets the hearing within 30 days after filing. Unless the adult filed the petition, § 11a-10(e) requires personal service of the petition and a large-type rights summons at least 14 days before the hearing. Under subsection (f), the petitioner must also give at least 14 days' mail or personal notice to the people named in the petition, including the proposed guardian, unless they waive notice.

Counsel and hearing rights

The court may appoint counsel when that best serves the adult, but § 11a-10(b) makes appointment mandatory when the adult asks or takes a position adverse to the guardian ad litem. The request may be written or oral, before or at the hearing, and the summons must explain the right.

Section 11a-11 gives the adult the right to counsel, a six-person jury, evidence, and confrontation and cross-examination of every witness. The adult, guardian ad litem, or counsel may request a closed hearing. The adult ordinarily attends, but the court may excuse attendance on a showing that the adult refuses to be present or would suffer harm if required to attend; the hearing may be held at the adult's facility or another convenient place.

Medical evidence or court evaluator

Section 11a-9 says the petition should include a report describing the alleged disability's functional impact, recent mental and physical evaluations, the need and scope of guardianship, and a proposed living or treatment plan. The evaluations ordinarily must be within three months; for intellectual disability, a licensed clinical psychologist's evaluation may be up to one year old. The evaluators sign and state their credentials, and one ordinarily must be a physician, with the intellectual-disability psychologist alternative stated in the section.

A missing report does not end the case. The court must order qualified evaluations and require the report at least 10 days before the hearing. On the adult's or guardian ad litem's motion, or on its own motion, the court must appoint one or more independent experts. A guardian ad litem ordinarily also personally observes the adult, explains the petition and rights, asks the adult's position, and reports before the hearing; the court may omit that appointment only when it finds the role unnecessary for protection or a reasonably informed decision.

Limits on the order

If the § 11a-3 basis is not proved, § 11a-12 requires dismissal. If some capacity remains and guardianship is necessary, the written order must appoint a limited guardian, state its factual basis, specify the guardian's powers and duties, and identify the adult's legal disabilities. A plenary order requires total lack of capacity and a finding that limited guardianship will not provide sufficient protection.

Temporary guardianship under § 11a-4 is separate. It requires immediate-welfare necessity, an already-filed or simultaneous general petition, powers specifically enumerated by court order, and an order identifying the actual harm. The base term is 60 days. Before adjudication, an extension protecting against abuse, neglect, self-neglect, exploitation, or other harm may last no more than 120 days from the original appointment; pending HB 2437 would permit up to 90 more days for good cause.

What trips people up

The medical report is expected, but its absence does not authorize proof by assertion. Section 11a-9 requires the court to order qualified evaluations and a report at least 10 days before the hearing when none accompanied the petition.

Counsel and the guardian ad litem are different roles. The guardian ad litem reports on best interests. Counsel represents the adult, and appointment becomes mandatory when the adult requests counsel or opposes the guardian ad litem.

A plenary request does not make plenary authority the default. Some remaining capacity requires a limited guardian when protection is needed; the written order must identify the exact powers transferred and legal disabilities imposed.

Common questions

Can the adult ask for a jury? Yes. Section 11a-11 permits a demand for a six-person jury.

Must the adult attend? Ordinarily yes. The court may excuse attendance if the adult refuses to attend or would suffer harm, and may move the hearing to a convenient location.

Can the adult obtain an independent examination? Yes. A motion by the adult or guardian ad litem requires the court to appoint one or more independent experts under § 11a-9(b-5).

Statutes and sources

• 755 ILCS 5/11a-2 and 11a-3 — disability definition, clear proof, separate personal/estate standards, and necessity limits. https://www.ilga.gov/legislation/ilcs/documents/075500050K11a-2.htm and https://www.ilga.gov/legislation/ilcs/documents/075500050K11a-3.htm (accessed 2026-08-08)
• 755 ILCS 9/5 and 9/15 — supported-decision-making purpose, capacity presumption, diagnosis, and communication. https://www.ilga.gov/legislation/ilcs/documents/075500090K5.htm and https://www.ilga.gov/legislation/ilcs/documents/075500090K15.htm (accessed 2026-08-08)
• 755 ILCS 5/11a-7 and 11a-8 — venue and petition contents. https://www.ilga.gov/legislation/ilcs/documents/075500050K11a-7.htm and https://www.ilga.gov/legislation/ilcs/documents/075500050K11a-8.htm (accessed 2026-08-08)
• 755 ILCS 5/11a-9 — report, evaluations, and independent experts. https://www.ilga.gov/legislation/ilcs/documents/075500050K11a-9.htm (accessed 2026-08-08)
• 755 ILCS 5/11a-10 and 11a-11 — hearing timing, guardian ad litem, counsel, service, notice, attendance, jury, evidence, and cross-examination. https://www.ilga.gov/legislation/ilcs/documents/075500050K11a-10.htm and https://www.ilga.gov/legislation/ilcs/documents/075500050K11a-11.htm (accessed 2026-08-08)
• 755 ILCS 5/11a-12 — dismissal, limited/plenary findings, and written order. https://www.ilga.gov/legislation/ilcs/documents/075500050K11a-12.htm (accessed 2026-08-08)
• 755 ILCS 5/11a-4 — temporary-guardianship boundary and duration. https://www.ilga.gov/legislation/ilcs/documents/075500050K11a-4.htm (accessed 2026-08-08)
• 2026 Ill. P.A. 104-547 — future private-professional-guardian rules, effective January 1, 2027. https://www.ilga.gov/Legislation/PublicActs/View/104-0547 (accessed 2026-08-31)