How to File for Guardianship in Illinois

Filing for adult guardianship in Illinois starts well before you walk into a courtroom. The process runs through the probate division of the circuit court in the county where the person with a disability lives, and getting the sequence wrong — a physician report that's too old, a summons served too late — can delay the hearing by months.

Get the Physician's Report First

Before filing anything, you need a clinical evaluation that meets strict timing rules under 755 ILCS 5/11a-9. A licensed physician must examine the person within three months of your filing date. If the case involves an intellectual disability, a clinical psychologist's evaluation within one year is acceptable, but a physician still has to sign the final report.

In Cook County, the physician completes Form CCP 0211 (Report of Physician). The report must describe the nature of the disability, how it affects decision-making, and whether limited or plenary guardianship is appropriate. Missing any of these elements can delay the filing or require a corrected report.

Prepare and File the Petition

You'll file in the probate division of the circuit court in the county where the proposed ward lives. The core filing package includes:

• Petition for Appointment of Guardian (Cook County Form CCP 0200)
• Physician's Report (Form CCP 0211)
• Probate Division Cover Sheet (Form CCP 0199)

The petition itself must state your relationship to the person, their date of birth and residence, why guardianship is necessary, and the name and qualifications of the proposed guardian. You also need to list names and addresses of the person's nearest relatives — spouse, parents, and adult siblings.

Filing fees vary significantly by county. Cook County charges $50 for a person-only guardianship. DuPage County charges $300. Kane County charges $314. If the petitioner or respondent is indigent, you can request a fee waiver using Form CCP 0380 under Illinois Supreme Court Rule 298.

Serve the Summons and Notify Relatives

Due process requirements here are strict and non-negotiable. A sheriff or licensed process server must personally serve the Guardianship Summons (Form CCP 0201) and a copy of the petition on the person at least 14 days before the hearing. Substitute service — leaving the summons with a family member — is not valid. Service cannot be waived even if the person has an attorney.

Cook County Sheriff service costs $23.00 plus $0.40 per mile. You must also mail or deliver written notice to all nearest relatives at least 14 days before the hearing.

The Guardian ad Litem Investigation

The court appoints a Guardian ad Litem (GAL) to independently investigate the case. The GAL interviews the person, explains the petition, and informs them of their rights — including the right to an attorney, the right to a jury trial, and the right to present evidence.

The GAL files a written report with the court. For routine uncontested matters, GAL fees typically run $200 to $400.

Cook County Background Screening

Cook County requires all proposed guardians to complete a Fingerprint/Background-Check Packet (Form CCP 0232). This includes a LEADS criminal history check through fingerprinting (done at an approved vendor or Room 701 of the Daley Center) and a DCFS CANTS check for all adults living in the guardian's home. Submit the completed forms and receipts immediately to avoid delaying the hearing.

The Hearing, Oath, and Letters of Office

At the hearing, the judge reviews the physician's report, GAL recommendations, and any other evidence. If the court finds by clear and convincing evidence that the person is legally disabled and needs a guardian, the judge signs an Order Appointing Guardian.

Before receiving Letters of Office, the guardian must take an oath and file a representative bond. For person-only guardianship, the court may waive the surety bond. For estate guardianship, a surety bond is mandatory — at minimum 1.5 times the value of the ward's personal estate with a corporate surety, or double with individual sureties.

The timeline varies by county and hearing schedule; allow time for service, the GAL investigation, and the hearing before the Letters of Office are issued.

The Illinois Adult Guardianship & Alternatives Guide walks through every step of this process with county-specific filing maps, fee trackers, and preparation checklists — including how to evaluate whether less-restrictive alternatives like supported decision-making might be a better fit before committing to probate court.

See more Illinois guides →