WHAT ARE THE STEPS IN THE GUARDIANSHIP PROCESS?
In Illinois, the only way someone can be a guardian for a person who is eighteen years old or older is to be appointed by the circuit court. A parent’s guardianship over his/her child stops automatically when the child turns eighteen. The procedures for obtaining a court-appointed guardian are set forth in Section 11a of the Illinois Probate Act, 755 ILCS 5/1-1 et seq. Each county circuit court may also have its own practices or rules. In Cook County, the rules are found in Part 12 of the general rules of practice for the Circuit Court of Cook County. If there are written rules in other courts, they can be obtained from the Probate Court Clerk. Preliminary Steps Before starting a court proceeding, one must obtain a report certifying that the person is disabled and needs a guardian. A pre-printed form for the report can usually be obtained from the Probate Clerk of the court where the guardianship proceeding would take place. This is the court in the county where the person with disabil
