Estate Planning · DuPage County, Illinois
Wills, trusts, and the planning that keeps your family in control and out of court, from the same DuPage County firm since 1990.
Guardianship is how the law decides who cares for a person who cannot care for themselves — a minor child whose parents are gone, or an adult who has lost the capacity to manage their own affairs. As part of an estate plan, the right documents let you name those guardians in advance, so a judge is choosing from your wishes rather than guessing. When planning was not done, guardianship becomes a court process the family has to navigate at the hardest possible time. We handle both: planning that names guardians ahead of time, and guardianship proceedings when the court must get involved.
We help families across DuPage County and the western suburbs with guardianship of minor children and of adults with disabilities or declining capacity. For parents, that often means nominating guardians within your will and pairing it with the rest of your plan. For families caring for an aging parent or a loved one with special needs, it can mean petitioning for guardianship or exploring less restrictive alternatives first. You work directly with the attorney on your matter, and we explain every option in plain terms before you decide.
Related reading: How much does estate planning cost in Illinois?
Different situations call for different guardianship structures. We help you choose the right approach.
Legal authority over a child whose parents have died, are unable to care for them, or have voluntarily transferred custody.
Authority over personal and medical decisions for an adult who cannot make them, typically due to dementia, brain injury, or developmental disability.
Authority over financial and property decisions for an adult who can’t manage their own assets. Separate from personal guardianship.
For disabled adults, typically established when a child turns 18. We coordinate with special needs trusts for long-term care.
Court-tailored authority over only specific decisions, preserving the ward’s autonomy in other areas.
Temporary 60-day authority for urgent situations where waiting for a full hearing would cause harm.
We draft and file the guardianship petition with the DuPage probate court, including all required medical certificates.
The court appoints a Guardian ad Litem to evaluate the case and interview all relevant parties.
Brief hearing where the judge reviews the petition, GAL report, and any objections before granting guardianship.
Annual reports to the court, we help guardians meet their reporting obligations throughout the case.
Choosing between full, limited, of person, of estate, or co-guardianship affects everything that follows.
The petition must contain specific allegations and supporting medical evidence. Errors cause delays.
Illinois requires notice to specific relatives. Missed notices can void the case.
We prepare you and family members for the GAL interview, which often determines the outcome.
We appear with you at the hearing, present evidence, and handle any objections from other family members.
Once appointed, guardians have ongoing reporting and accounting requirements. We help with annual filings.
When people say guardianship, they may mean one of two very different things. Guardianship of a minor decides who raises your children and manages any money left to them if both parents are gone or unable to serve. The most important step is nominating those guardians in your estate plan, because while the court makes the final appointment, judges give real weight to a parent’s written choice. Without that nomination, the decision is left entirely to a judge who never knew your family.
Guardianship of an adult is for someone who, because of disability, illness, or age, can no longer make safe decisions about their finances or their person. It is a court proceeding with real safeguards, because it takes rights away from the individual, and Illinois law requires considering less restrictive alternatives — like powers of attorney or supported decision-making — first. We help families decide whether guardianship is truly necessary, pursue it properly when it is, and put planning in place that can avoid it where possible.
From our Villa Park office, we represent clients across DuPage County and the western suburbs of Chicago.
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, where another family member objects, 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.
You nominate a guardian in your will, naming the person you want to raise your minor children if you and the other parent cannot. You can also name a separate person to manage any inheritance. The court makes the formal appointment, but Illinois judges give significant weight to a parent’s nomination, so putting it in writing is the single most important thing you can do. We help you think through backups and how the nomination fits with the rest of your plan.
Often, yes — if planning is done before capacity is lost. Durable powers of attorney for finances and health care let a trusted person act without a court proceeding, which is exactly what guardianship requires. Once someone can no longer sign those documents, guardianship may be the only option left. We help families set up powers of attorney while there is still time, and when guardianship is unavoidable, we guide them through it with as little conflict and cost as possible.
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.