The conversation no one wants to have often starts with small warning signs. Your father misses doctor’s appointments. Your mother forgets to pay bills. Simple household tasks that were once routine become overwhelming.

For many Illinois families, these moments signal a difficult question: when does supporting an aging parent cross into needing legal authority to make decisions on their behalf?

Guardianship is often the answer, but it’s not the first step. Understanding when guardianship becomes necessary—and what alternatives exist—can help Naperville and DuPage County families make decisions that protect both their loved one’s dignity and their safety.

What Is Guardianship in Illinois?

Guardianship is a legal process where a court appoints someone (the guardian) to make personal, medical, or financial decisions for another person (the ward) who can no longer make those decisions themselves due to disability, illness, or cognitive decline.

In Illinois, there are two main types of guardianship:

• Guardian of the Person: Makes healthcare, living arrangement, and personal care decisions
• Guardian of the Estate: Manages financial affairs, pays bills, and handles property

One person can serve as both types of guardian, or different people can serve in each role. Courts can also grant limited guardianship, where the guardian only has authority over specific decisions.

Warning Signs It May Be Time to Consider Guardianship

Not every aging parent needs a guardian. Many seniors remain fully capable of managing their own affairs well into their 80s and 90s. But certain warning signs suggest more serious intervention may be needed:

Financial Red Flags

• Unpaid bills piling up despite adequate funds
• Unusual or unexplained financial transactions
• Falling victim to scams or financial exploitation
• Inability to understand bank statements or financial documents
• Making impulsive large purchases or donations

Health and Safety Concerns

• Refusing necessary medical treatment
• Forgetting to take prescribed medications
• Living in unsafe or unsanitary conditions
• Wandering or getting lost in familiar places
• Unable to prepare meals or care for basic needs

Cognitive Decline Indicators

• Significant memory loss affecting daily function
• Inability to recognize family members or close friends
• Poor judgment leading to dangerous situations
• Confusion about time, place, or circumstances
• Inability to make informed decisions about care

Try These Alternatives Before Guardianship

Guardianship is a serious step that removes significant rights from your parent. Illinois law encourages families to explore less restrictive alternatives first.

Power of Attorney Documents

If your parent still has capacity, they can execute power of attorney documents naming you (or another trusted person) to handle financial and healthcare decisions. This is always preferable to guardianship when possible.

The challenge: Powers of attorney require the person to have capacity at the time they sign. If your parent has already lost capacity, this option is no longer available.

Representative Payee

For parents receiving Social Security or SSI benefits, a family member can become a representative payee to manage those specific funds. This doesn’t require court involvement and can help with basic bill payment.

Joint Bank Accounts

Adding your name to your parent’s bank account allows you to help manage finances, but comes with risks. Joint accounts become part of your assets, could affect Medicaid eligibility, and expose your parent’s funds to your creditors.

The Illinois Guardianship Process: What to Expect

If alternatives aren’t sufficient and guardianship becomes necessary, understanding the process helps families prepare.

Step 1: File a Petition

Someone (usually a family member) files a petition for guardianship with the circuit court in the county where your parent lives. In DuPage County, guardianship cases are heard in Wheaton.

Step 2: Medical Evidence

The court requires a physician’s report documenting your parent’s disability and why they cannot manage their own affairs. The report must be recent—typically within 90 days of filing.

Step 3: Notice and Guardian Ad Litem

Your parent must be personally served with the petition, and the court may appoint a guardian ad litem (GAL) to investigate and report on whether guardianship is appropriate and who should serve as guardian.

Step 4: Hearing

At the hearing, the judge reviews evidence and determines whether guardianship is necessary. Your parent has the right to attend, have an attorney, and contest the petition.

Step 5: Ongoing Responsibilities

If appointed, guardians must file annual reports with the court detailing the ward’s condition, living situation, and (for estate guardians) complete financial accountings.

How to Start the Guardianship Conversation

Talking to your parent about guardianship is emotionally difficult. Here’s how to approach it with respect:

• Start early, before a crisis. Have conversations about future planning when your parent is still healthy.
• Focus on safety and support, not control. Frame it as ensuring they get the care they need.
• Involve your parent in decisions when possible. Even if guardianship becomes necessary, respect their preferences.
• Consider family mediation if siblings disagree about the need for guardianship or who should serve.
• Consult with an experienced Illinois guardianship attorney before filing. They can help you explore alternatives and ensure the process goes smoothly if guardianship is necessary.

Frequently Asked Questions

Can I become guardian without going to court?

No. All guardianships in Illinois require court approval. There is no shortcut around the legal process. However, if your parent still has capacity, they can execute power of attorney documents without court involvement.

How long does the guardianship process take?

From filing to the court hearing typically takes 60-90 days in DuPage County, though emergency guardianships can be granted more quickly if immediate protection is needed. The timeline depends on court schedules, the guardian ad litem’s investigation, and whether anyone contests the petition.

Can my parent contest the guardianship?

Yes. Your parent has the right to hire an attorney, attend the hearing, and present evidence against the guardianship. If they cannot afford an attorney, the court may appoint one. This is why medical evidence of incapacity is so critical—the court will not grant guardianship unless there’s clear proof it’s necessary.

How much does guardianship cost?

Costs include court filing fees (around $400 in Illinois), attorney fees (typically $3,000-$8,000 depending on complexity), guardian ad litem fees, and physician report costs. Annual court reporting may require ongoing legal assistance as well.

What happens if no family member can serve as guardian?

Illinois allows professional guardians—individuals or agencies who serve as court-appointed guardians for people without available family. The Illinois Department of Aging maintains a list of public guardians available in certain situations. The ward’s estate typically pays for professional guardian services.

Protect Your Parent with Compassionate Legal Guidance

Deciding whether your aging parent needs guardianship is one of the most difficult decisions families face. At Long Law Group, we help Naperville, DuPage County, and Chicagoland families navigate these sensitive situations with compassion and clarity.

Whether you’re exploring alternatives to guardianship, need guidance on starting the process, or want to ensure your parent’s rights are protected, we’re here to help you find the right solution for your family.

Ready to discuss your family’s situation?

Contact Long Law Group today to schedule a consultation.
Phone: 312-344-3644
Email: Contact@JLongLaw.com

Proudly serving families throughout Naperville, Warrenville, DuPage County, Cook County, Will County, Kane County, and the greater Chicagoland area.