Originally published: January 2026
If your spouse or adult child has a disability, planning for their future care can feel overwhelming. Many couples in Chicagoland assume guardianship happens automatically or put off the legal work because it seems complicated.
In Illinois, parental legal decision-making authority generally ends at age 18. After that, families often use powers of attorney, supported decision-making, or, when necessary, court-ordered adult guardianship to continue assisting an adult child with disabilities.
The guardianship process here has steps that differ from those for planning for a minor. It’s important to know what Illinois guardianship for disabled adults requires before your child turns 18, or when your spouse’s condition changes.
Cook County has its own approach, with timelines that determine how quickly you can obtain legal authority.
Illinois courts require specific evidence and adhere to strict legal standards before granting guardianship. The process changes depending on whether you’re planning for a spouse or for an adult child with disabilities.
Planning for a disabled spouse isn’t the same as planning for an adult child. When your spouse has a disability, you might think you automatically have decision-making authority, but Illinois law doesn’t always agree.
Doctors and banks often want legal proof before they let you act for your spouse. If you don’t have guardianship or power of attorney, you could hit roadblocks when you need to access accounts or make healthcare calls in an emergency.
For parents, everything shifts when your child turns 18. You lose parental authority on their 18th birthday. Even if your child can’t make decisions alone, you need court approval to keep managing their affairs.
Parents seeking guardianship for adult disabled children have to file a petition and provide medical evidence of incapacity. The court won’t grant guardianship just based on a diagnosis.
Illinois courts stick to a strict legal standard for guardianship. You must show that your loved one can’t make or communicate responsible decisions about their care or finances.
The court expects medical documentation, evaluations, and, in some cases, testimony from doctors. Just having a disability diagnosis doesn’t meet the standard for adult guardianship. The petition needs to show specific ways your loved one can’t make decisions independently.
Judges prefer less restrictive options before granting full guardianship. You may need to explain why powers of attorney or supported decision-making won’t work. The judge will also consider if your loved one understands the choices and their consequences.
Cooper Trachtenberg Law Group, LLC helps Chicagoland couples map the right guardianship path and paperwork before a crisis. Contact us to discuss next steps.
If you’re ready to get started, call us now!
Illinois law requires families to try the least restrictive option before resorting to guardianship. The best tool depends on whether your spouse or adult child can still help make decisions.
If your disabled spouse or adult child understands what they’re signing, a power of attorney is usually the easiest way forward. A power of attorney lets them pick you (or someone else they trust) to handle finances, healthcare, or both without needing court approval.
This preserves their legal rights while giving you the authority to assist. They can revoke the POA at any time.
There are two main types:
It’s smart to have a lawyer draft documents that comply with Illinois law. The person signing must understand what they’re doing at the time.
This path works well if someone has a condition that might worsen, but still has capacity now.
Supported decision-making lets your adult child with intellectual or developmental disabilities make their own choices, but with your help. Your role shifts from deciding to guiding them.
A supported decision-making agreement lists you and others as supporters in certain areas of life. Your adult child keeps the right to vote, marry, and sign contracts.
This model respects their independence while still providing the help they need. Illinois recognizes these agreements as alternatives to guardianship.
The agreement should specify which decisions require support and how you’ll help. Common topics include healthcare, housing, and managing benefits.
Guardianship deprives a person of major rights and requires a court order. You’ll need this route if your spouse or adult child can’t make sound decisions and other options won’t suffice.
Illinois courts can appoint limited or plenary guardians. Limited guardians only control certain areas. Plenary guardians get almost all decision-making authority.
You must provide medical evidence to establish disability and lack of capacity. Courts prefer less restrictive options before approving guardianship.
The process includes:
| Legal Tool | Best For | Court Required? | Rights Removed |
| Power of Attorney | Adults who can sign and understand documents | No | None (voluntary delegation) |
| Supported Decision-Making | Adults with ID/DD who can participate in choices | No | None |
| Limited Guardianship | Adults who need help with specific decisions only | Yes | Only areas specified by the court |
| Plenary Guardianship | Adults who cannot make safe decisions | Yes | Nearly all rights |
Illinois courts consider each guardianship petition on its own merits, but some rules always apply.
The court decides whether you need limited or plenary guardianship, whether clinical reports must be current, and whether temporary arrangements impose strict restrictions.
Illinois law recognizes two main types of adult guardianship, based on the disabled person’s capacity. Limited guardianship grants the guardian control only over specific areas. Plenary guardianship covers most or all life decisions when someone can’t manage on their own.
The court can name a guardian of the person for healthcare and daily living. A guardian of the estate handles money and property. Sometimes you need both, sometimes just one.
Your petition must specify which powers you want. Courts lean toward the least restrictive choice that still protects the disabled adult. You’ll need to show exactly which decisions need outside help.
In adult guardianship cases, the court generally appoints a guardian ad litem (GAL) to investigate and report on the respondent’s best interests, unless the court finds a GAL is not necessary to protect the respondent or make an informed decision.
Your petition needs a physician’s report or clinical evaluation documenting the adult’s alleged disability.
Illinois requires the petition to be accompanied by a report based on evaluations performed within three (3) months of filing (with a special rule allowing certain psychological evaluations for intellectual disability to be within one year).
The doctor must examine your loved one and provide specific findings regarding their limitations. Vague statements won’t cut it. The report needs to discuss the person’s ability to make and communicate decisions regarding healthcare, finances, and safety.
If you file using an old report, the court will reject your filing. You’ll lose time and money getting a new evaluation. It’s smart to schedule the medical appointment so the 90-day window doesn’t expire before your hearing.
Illinois lets courts appoint a temporary guardian if a disabled adult faces immediate harm. This process is fast, but you must demonstrate a genuine emergency.
Temporary guardianship usually lasts up to 60 days. You need to show the court that waiting would cause serious injury or financial trouble. Medical crises or cases of exploitation sometimes qualify.
The court may still notify the respondent and appoint a guardian ad litem in emergencies.
Temporary orders don’t guarantee permanent guardianship later. You’ll still need to complete the full process for a long-term appointment.
Cook County handles adult guardianship at a specific downtown location. Some judges focus on these cases, and you have to use county-approved forms and follow local court rules—these are different from rules in other Illinois counties.
In Cook County, adult guardianship cases are handled through the Probate Division at the Richard J. Daley Center, and local procedures (forms, scheduling, and help-desk support) can affect timing.
You’ll file and process your guardianship petition at this one location. Suburban Cook County courthouses won’t accept adult guardianship petitions.
Cook County offers pro se guardianship resources, including a help desk at the Daley Center for form/procedure guidance, and disability/elder law assistance programs located at 205 W. Randolph (Suite 1610) in Chicago.
You can also contact the Pro Se Adult Guardianship Help Desk for support. They offer in-person appointments at the Daley Center and remote phone support.
Illinois Supreme Court-approved Statewide Standardized Forms must be accepted in all Illinois courts, and Cook County also provides commonly used Probate Division forms and local filing guidance.
Most counties provide their own forms through the probate court clerk, and every probate court prefers its own paperwork.
Your guardianship petition needs to include several documents:
If you can’t afford filing costs, you might qualify for a fee waiver. Ask the clerk’s office about fee waiver applications when you hand in your paperwork.
These forms use Cook County-specific designations and numbering. If you use the wrong forms, your case can get delayed or even rejected.
After you file your petition, the court will set a date for a guardianship hearing. They’ll give you a hearing date, usually a few weeks after filing.
The disabled person must receive proper notice and has the right to attend.
The court might appoint a guardian ad litem to determine whether guardianship is appropriate. This person will speak with you, your spouse, or your adult child and review your medical records before the hearing.
At the hearing, you’ll present evidence showing guardianship is necessary. Bring medical documentation and be ready to explain your loved one’s inability to make decisions.
The judge will ask about your relationship and whether you’re fit to serve as a guardian.
Guardianship cases may cover care decisions, estate and financial matters, or both. You’ll need to specify which type you want in your paperwork.
When capacity, benefits, or finances are involved, planning becomes technical quickly. Work with Cooper Trachtenberg Law Group, LLC to reduce delays. Schedule an appointment.
If you’re ready to get started, call us now!
If you’re planning as a couple with a disabled spouse or adult child, you’ll face financial and legal challenges that single guardians don’t.
Managing finances together can be more challenging when one person can’t participate in decisions, or when you need to protect government benefits for an adult child.
If your spouse can’t manage money due to disability, you’ll need legal authority to handle joint accounts and pay bills. Without planning, you might get locked out of accounts you both use every day.
A financial power of attorney lets you manage your spouse’s finances without going to court. It’s best to create this before a crisis hits.
Illinois recognizes durable powers of attorney that remain in effect even if someone becomes incapacitated.
You’ll also have to decide whether to keep joint accounts or split them up for protection. Joint accounts can be at risk if creditors come after your disabled spouse, but separating everything can make paying bills a headache.
Consider setting up:
Financial planning for couples means tackling these questions before your spouse loses the ability to sign legal documents.
If your adult child receives Medicaid or SSI benefits, you need to protect their eligibility while planning for their future. Direct gifts or inheritances can knock them off benefits they rely on for healthcare and living expenses.
ABLE accounts generally use the federal annual gift tax exclusion as the baseline contribution cap; for 2026, that amount is $19,000 (with additional contributions available for eligible working beneficiaries under ABLE-to-Work rules).
Effective January 1, 2026, ABLE eligibility expands to individuals whose disability began before age 46 (previously before age 26).
Special needs trusts can hold larger amounts without affecting benefits. You can fund these with:
First-party trusts use the disabled person’s own money. Third-party trusts use money from parents or other relatives. Third-party trusts offer better protection and don’t require Medicaid payback after death.
It’s smart to coordinate both tools in your estate plan. Use ABLE accounts for immediate needs, and trusts for long-term security and bigger assets.
Illinois guardianship cases move faster when you gather the right medical records, figure out which decisions need court approval, and time your physician evaluations to fit the court’s three-month window.
If you’re missing documents or your petition isn’t clear, judges might schedule extra hearings that push your case back by weeks or months.
You need to say whether you want guardianship of the person, estate, or both when you file in Illinois. A guardian of the person makes healthcare, living, and personal care decisions for your disabled spouse or adult child.
A guardian of the estate handles money, benefits, property sales, and bills.
Illinois courts want you to explain why your disabled family member can’t make these decisions alone. You must include concrete examples in your petition.
For a disabled spouse, you might mention they can’t manage insulin or remember medications. An adult child with developmental delays may not understand lease agreements or manage monthly expenses.
The court only grants authority over decisions you request and prove are necessary. If your spouse can still handle their own bank account, the judge may deny estate authority. Be specific about what needs help and what your family member can still do independently.
Your petition has to include a physician’s report describing your family member’s disability and why they can’t make decisions. Illinois law says this report can’t be more than 90 days old when you file.
Gather medical records from neurologists, psychiatrists, primary care doctors, or any specialists who treat your spouse or adult child regularly.
Key documents to collect:
Illinois guardianship cases include safeguards such as a required clinical report and (in many cases) a GAL investigation, designed to protect the respondent’s rights and ensure any guardianship is appropriately limited. Strong medical evidence helps them see why guardianship is in your family member’s best interest. Include records that show real functional limitations, not just a diagnosis.
You also need proof of your relationship to the disabled person. Bring a marriage certificate for a spouse or a birth certificate for an adult child.
If other family members object, these documents demonstrate your legal standing to file.
Schedule your family member’s physician evaluation carefully, since Illinois courts reject medical reports older than 90 days. Count backward from your planned filing date to book the doctor appointment.
If you’re filing on February 1st, the evaluation has to be on or after November 3rd.
Some Chicagoland doctors take weeks to finish guardianship reports after the appointment. Ask the office how long it usually takes. Build that time into your calendar so your report stays within the 90-day window.
Court hearing dates in Cook County and the suburbs often land 30 to 60 days after you file. If you schedule the evaluation too early, your report might expire before the hearing.
Many couples schedule the physician visit 30 to 45 days before filing to allow a buffer.
Timeline example:
| Task | Timing |
| Schedule a physician evaluation | 6-8 weeks before filing |
| Attend evaluation appointment | 4-6 weeks before filing |
| Receive completed report | 2-4 weeks before filing |
| File a guardianship petition | Filing date |
| Court hearing | 4-8 weeks after filing |
If your hearing gets continued past the original date, ask your attorney if you’ll need updated records. Some judges accept the 90-day-old report from filing, even if the hearing happens later.
Cooper Trachtenberg Law Group helps families across the Chicago area with legal support for guardianship matters.
The firm has spent decades advising clients in Cook County and nearby communities.
If you need a guardianship attorney, the firm’s legal team walks you through every step. They really get the challenges that come up when you’re planning for a disabled spouse or adult child.
The firm offers several ways to help:
Helena L. Trachtenberg and Miriam Cooper lead the legal team. They bring a lot of experience in family law and work with you to find solutions that fit your family’s unique situation.
You get comprehensive legal support for both urgent guardianship concerns and long-term planning. The attorneys take time to learn about your family before recommending any next steps.
The firm handles complex family law issues with care and attention. Their Rolling Meadows office is convenient if you live in the Chicagoland area and need help with guardianship.
If you need to set up guardianship, change an existing arrangement, or plan for future care, the firm offers free consultations. You can discuss your situation and options without worrying about cost.
Protect decision-making and benefit eligibility with a plan built for Cook County and the Chicagoland suburbs. Schedule an appointment with Cooper Trachtenberg Law Group, LLC.
Do parents automatically keep decision-making rights after a child with disabilities turns 18 in Illinois?
No. In Illinois, parental legal authority generally ends at 18. Families often use powers of attorney, supported decision-making, or adult guardianship to keep healthcare, financial, and daily-life decisions covered when an adult child cannot manage independently.
Do spouses automatically have legal authority to make medical or financial decisions in Illinois?
Not always. Hospitals, banks, and agencies may require a signed healthcare power of attorney, property power of attorney, or a court order. Planning early can prevent delays when urgent decisions or access to accounts are needed.
What is the “least restrictive” approach Illinois courts prefer for adult guardianship?
Illinois policy is to use guardianship only when necessary and to preserve as much independence as possible. Limited guardianship, powers of attorney, or supported decision-making may be appropriate depending on the adult’s abilities and needs.
How recent must the medical/clinical report be for an Illinois adult guardianship filing?
The petition should include a report based on evaluations performed within three months of filing. For certain intellectual disability cases, a qualifying psychological evaluation may be acceptable within one year, depending on the situation.
Will the court appoint an investigator in an Illinois adult guardianship case?
Often, yes. Courts commonly appoint a guardian ad litem to investigate and report on the respondent’s best interests, unless the court finds that appointment is not necessary to protect the respondent or decide the petition.
Where are adult guardianship cases handled in Cook County?
Adult guardianship cases are handled through the Cook County Probate Division at the Richard J. Daley Center. Local procedures, forms, and scheduling can affect how quickly a case moves from filing to hearing and appointment.
Do ABLE accounts protect benefits, and what changed in 2026?
ABLE accounts can help preserve SSI/Medicaid planning when used correctly. Starting January 1, 2026, eligibility expanded to disabilities beginning before age 46, and the standard annual contribution cap aligns with the 2026 gift exclusion amount.
Practice Areas
Legal Support When You Need It Most
Testimonials
Main Office
3601 Algonquin Road, Suite 610
Rolling Meadows, Illinois 60008
Lincolnshire Office
250 Parkway Drive, Suite 150
Lincolnshire, IL 60069
By Appointment Only
Phone:
847-995-8800
We represent parties across the Chicago area, including Arlington Heights, Barrington, Buffalo Grove, Carol Stream, Evanston, Glenview, Highland Park, Hinsdale, Inverness, Lincolnshire, Long Grove, Mt. Prospect, Palatine, Rolling Meadows, Schaumburg, Skokie, Streamwood, Wheeling and more. We also represent clients from Cook, Lake, DuPage, Kane and McHenry counties.
© 2026 by Cooper Trachtenberg Law Group, LLC. All Rights Reserved.
Disclaimer |
Site Map
