Illinois Conservatorship vs Guardianship

If you're searching for "conservatorship" in Illinois, the short answer is that the term doesn't exist in Illinois law. States like California, Texas, and Michigan use "conservatorship" for financial or estate management. Illinois handles everything under the umbrella of "guardianship," split into two separate legal appointments.

Guardianship of the Person

This appointment gives the guardian authority over personal decisions: where the person lives, what medical treatment they receive, who provides their care, and what educational or rehabilitative services they access. It's the closest equivalent to what some states call a "guardianship" in the narrow sense.

Cook County filing fees for a person-only petition are $50. The court may waive the surety bond requirement for person-only appointments.

Guardianship of the Estate

This is the Illinois equivalent of what other states call a "conservatorship." The guardian of the estate manages the person's financial affairs — bank accounts, bill payment, leases, taxes, and asset management.

Estate guardianship carries heavier requirements: a mandatory surety bond (at minimum 1.5 times the value of the ward's personal estate with a corporate surety), a detailed inventory filed within 60 days of appointment, and annual financial accountings reviewed and approved by the probate judge. Cook County filing fees run $70 (estates up to $15,000) or $105 (above $15,000).

You Can Petition for One or Both

Illinois lets families petition for guardianship of the person, guardianship of the estate, or both, depending on the person's actual needs. For young adults with disabilities who receive SSI but have few significant assets, a person-only guardianship combined with a representative payee (for federal benefits) often provides adequate coverage without the additional bonding requirements and court oversight that come with estate guardianship.

Why the Terminology Matters

Searching for "conservatorship in Illinois" or trying to use out-of-state forms and procedures will point you in the wrong direction. Illinois guardianship petitions are filed under the Illinois Probate Act of 1975 (755 ILCS 5, Article XIa), and the probate division of the circuit court handles all adult guardianship cases. If you are relying on an out-of-state conservatorship order, check the Illinois court procedures for recognizing it before relying on it.

If you're comparing Illinois to a state where a family member already has a conservatorship, the key question is whether the arrangement covers the person (personal decisions), their estate (financial decisions), or both — then find the matching Illinois guardianship type.

The Illinois Adult Guardianship & Alternatives Guide breaks down both types of guardianship alongside non-court alternatives, with county-specific filing instructions and a decision framework to determine which combination of protections fits.

See more Illinois guides →