Your parent can no longer manage their finances. Your adult child with a disability needs someone to make medical decisions on their behalf. You have filed a petition for guardianship, and now the court has scheduled a hearing. If you have never been through this process before, not knowing what will happen in that courtroom can feel overwhelming. Understanding the steps involved can help you prepare and feel more confident walking in.
What happens before you get to court
Before the hearing takes place, several things must already be in order. The petition must include a physician’s report based on an evaluation conducted within three months of filing, describing the respondent’s disability and how it affects their ability to make decisions. The court will typically appoint a guardian ad litem, an attorney or qualified individual who meets with the respondent, explains the proceedings and reports back to the judge. Under Illinois law, the court sets a hearing date upon the filing of the petition, so the timeline moves quickly once the case begins.
Who is in the courtroom
The hearing takes place in the probate division of your local circuit court. You can expect to see the judge, the petitioner and their attorney, the guardian ad litem and, in most cases, the respondent. Illinois law gives the respondent the right to attend the hearing, and the court encourages it. The respondent also has the right to their own attorney. If they cannot afford one, the court may appoint counsel. Family members who received notice of the hearing may also attend, and in contested guardianship cases, they may present their own testimony or objections.
What the judge considers
The judge’s role is to determine whether the respondent meets the legal definition of a person with a disability under the Illinois Probate Act and whether guardianship is necessary. The guardian ad litem’s report carries significant weight. It addresses whether the respondent understands the proceedings, how they feel about the proposed guardian and whether less restrictive alternatives, such as a power of attorney or a supportive decision-making arrangement, might serve the respondent’s needs instead. The judge will also consider the physician’s report and any testimony presented. If the court finds that guardianship is appropriate, it will decide whether to appoint a plenary guardian with broad authority or a limited guardian whose powers are restricted to specific areas.
What comes after the order is entered
Once the judge appoints a guardian, the guardian must file an oath and, in estate guardianships, post a bond. In an estate guardianship, an inventory of assets is typically due within 60 days. From that point forward, the guardian is accountable to the court and must file regular reports on the ward’s condition and finances. The first report on the ward’s person is generally due annually, with annual reports required after that. Understanding these ongoing obligations before the hearing helps you prepare for the responsibility ahead.
