Chris Aiello Law

๐Ÿ“ Villa Park, IL โ€” Serving DuPage & Cook County

Estate Planning · DuPage County, Illinois

Legal Authority to Protect Someone You Love

Wills, trusts, and the planning that keeps your family in control and out of court, from the same DuPage County firm since 1990.

0Years of counsel
0Practice areas
1990Established

Guardianship isn’t something most people plan for โ€” until they suddenly need it. A parent develops dementia and can’t manage their finances. A child loses both parents and needs a legal caretaker. An adult child with disabilities turns 18 and you lose the ability to make medical or financial decisions for them. Illinois guardianship provides the legal solution.

We’ve represented guardians in DuPage County probate court for over thirty years. The process can feel intimidating โ€” court hearings, GAL evaluations, ongoing reporting requirements โ€” but with experienced counsel, it’s manageable. We walk you through every step.

Types of Guardianship

Illinois Guardianship Cases We Handle

Different situations call for different guardianship structures. We help you choose the right approach.

Minor Guardianship

Legal authority over a child whose parents have died, are unable to care for them, or have voluntarily transferred custody.

Adult Guardianship of Person

Authority over personal and medical decisions for an adult who cannot make them โ€” typically due to dementia, brain injury, or developmental disability.

Adult Guardianship of Estate

Authority over financial and property decisions for an adult who can’t manage their own assets. Separate from personal guardianship.

Special Needs Guardianship

For disabled adults โ€” typically established when a child turns 18. We coordinate with special needs trusts for long-term care.

Limited Guardianship

Court-tailored authority over only specific decisions, preserving the ward’s autonomy in other areas.

Emergency Guardianship

Temporary 60-day authority for urgent situations where waiting for a full hearing would cause harm.

The Process

Illinois Guardianship Procedure

01

Petition Filing

We draft and file the guardianship petition with the DuPage probate court, including all required medical certificates.

02

GAL Appointment

The court appoints a Guardian ad Litem to evaluate the case and interview all relevant parties.

03

Court Hearing

Brief hearing where the judge reviews the petition, GAL report, and any objections before granting guardianship.

04

Ongoing Compliance

Annual reports to the court โ€” we help guardians meet their reporting obligations throughout the case.

Why Hire Counsel

What an Attorney Adds

Right type of guardianship

Choosing between full, limited, of person, of estate, or co-guardianship affects everything that follows.

Petition drafting

The petition must contain specific allegations and supporting medical evidence. Errors cause delays.

Notification compliance

Illinois requires notice to specific relatives. Missed notices can void the case.

GAL coordination

We prepare you and family members for the GAL interview, which often determines the outcome.

Court representation

We appear with you at the hearing, present evidence, and handle any objections from other family members.

Ongoing duties

Once appointed, guardians have ongoing reporting and accounting requirements. We help with annual filings.

Service Area

Serving DuPage & Cook County

From our Villa Park office, we represent clients across DuPage County and the western suburbs of Chicago.

Villa ParkElmhurstLombardWheatonOak BrookDowners GroveAddisonOak ParkGlen EllynBloomingdaleHinsdaleWestmontDuPage CountyCook County
Guardianship FAQ

Common Questions

Standard cases take 60-90 days from petition to court order, depending on court calendar and complexity. Emergency guardianships can be granted within days for genuine urgent situations.

Costs include attorney fees, court filing fees, and the GAL fee. We provide flat-fee quotes for most guardianship cases at your free consultation. Contested cases โ€” where another family member objects โ€” cost more.

Often no. A valid durable POA executed before incapacity usually substitutes for adult guardianship. If your loved one already has POAs in place, guardianship may be unnecessary. We can review their documents to advise.

Yes. Any interested party can object, requiring an evidentiary hearing. Contested guardianships are more expensive and time-consuming. Many disputes resolve through co-guardianship arrangements rather than full litigation.

Guardians of estate must file annual accountings showing all income and expenses. Guardians of person must file annual reports about the ward’s condition and care. We help with these filings.

Only by court order, typically for misconduct or failure to perform duties. As long as you’re acting in good faith and meeting reporting obligations, your appointment is secure.

Need Legal Authority?

Whether the need is urgent or you’re planning ahead for when your child turns 18, we’ll walk you through Illinois guardianship at your free consultation.