Naperville, IL Guardianship Attorneys

Supportive Guardianship Lawyers Helping Families in Naperville, Illinois

When someone is not able to take care of themselves or address their basic needs, another adult may have to step in and assume responsibility as a guardian. However, this is not as simple as simply filing an application with the courts. Rather, the person seeking guardianship must show that the arrangement is in the other party's (known as the ward) best interests.

At Fay & Farrow, we know how important guardianship can be to protect a vulnerable person. When you work with our firm, we will help you build a compelling case, representing you in court and addressing any questions from the judge.

Types of Guardianship in Illinois

Plenary guardianship grants the guardian full decision-making authority over the ward’s personal and financial affairs. A plenary guardian may decide where the ward lives, approve medical treatment, manage bank accounts, pay bills, and enter into contracts on the ward’s behalf.

Limited guardianship, by contrast, is tailored to the ward’s specific needs. The court identifies which rights and responsibilities the guardian will exercise—for example, medical decisions or handling financial matters—while preserving the ward’s remaining legal capacities. For example, the court can authorize guardianship of the person, granting responsibility over the ward's medical care and day-to-day well-being. On the other hand, guardianship of the estate covers financial affairs such as managing investments, filing taxes, and protecting assets. In many cases, one individual serves as guardian of the person while another oversees the estate, ensuring both personal and financial needs are met.

Requirements for Guardianship

To establish guardianship in Illinois, petitioners must satisfy several statutory criteria. First, the proposed ward must be found “disabled," meaning they lack sufficient understanding or capacity to make personal or financial decisions. Second, the court must determine that granting guardianship is necessary to protect the ward’s health, safety, or property. Third, the proposed guardian must demonstrate they are willing and able to act in the ward’s best interests.

Common requirements include:

• The ward’s disability must be documented by medical reports or professional evaluations.
• Notice of the petition must be served on the proposed ward, close relatives, and any existing guardian or representative.
• A detailed inventory of the ward’s assets must be filed if estate guardianship is sought.
• The proposed guardian may be required to submit to a background check and, in some cases, post a bond to secure the ward’s assets.

After these prerequisites are met, the court typically appoints a guardian ad litem to investigate the ward’s circumstances. A separate attorney may also be appointed to represent the ward in court, or upon the ward's request. A hearing will be scheduled where interested parties can present evidence and objections.

Becoming a Guardian for a Minor in Naperville

In Naperville, a minor under age 18 may require a guardian if both parents are deceased, incapacitated, or otherwise unable to care for the child. The process begins with filing a petition in DuPage County or Will County probate court, depending on the child’s residence. The petitioner—often a relative or close family friend—must include the child’s birth certificate, a statement of the child’s living situation, and a proposed guardianship plan.

Next, the court ensures the child’s parent(s) receive notice and an opportunity to object. If parents consent, the hearing may proceed more quickly. If objections arise, the court reviews evidence of the child’s best interests, including school stability, emotional bonds, and the prospective guardian’s fitness. At the hearing, the judge may interview the minor if age-appropriate. Upon finding that guardianship serves the child’s welfare, the court issues letters of guardianship outlining the guardian’s powers and reporting obligations.

Meet With a Naperville, Illinois Guardianship Lawyer

At Fay & Farrow, our team can guide you through every step of the guardianship process. Contact our DuPage County, IL guardianship attorneys or call 630-961-0060 for a free consultation.