2023 Updates to Illinois Guardianship Laws

  • Guardianships
2023 updates to Illinois guardianship laws | estate and probate legal group

With time comes change. And there is a change to the laws regarding the Illinois guardianship laws. These laws cover guardianship over minor children, those with disabilities and older adults who can no longer care for themself. Effective January 1, 2023, Illinois Public Act 102-770 (P.A. 102-770) amended the Illinois Probate Act of 1975 to require training for all guardians appointed over the persons of individuals with disabilities. This new law requires guardians appointed over individuals with disabilities to complete this training.

What Is Guardianship?

A guardian is someone appointed by the court to take care of this person. The guardian will care for and act in the best interest of their ward. A person may need a guardian when they are incapable of taking care of themself and making their own decisions.

But you don’t have to do this alone. As of January 1, 2022, the Illinois Legislature Amended the Illinois Probate Act of 1975, stating the court, in its discretion, may now appoint multiple co-guardians to act as the guardian over a person and/or estate if certain requirements are met. It also says guardians are entitled to reasonable and appropriate compensation for their care over the ward.

This new Illinois guardianship law states that guardians will go through a training program that outlines their duties and responsibilities.

How To Become A Guardian

Becoming a guardian is a huge responsibility. But it may be necessary to legally help those we love. You may need to become a guardian over your parents, a minor child or someone who is mentally or physically incapable of taking care of themself.

Talk with an experienced guardianship attorney to begin the process.

Here are some basic steps to becoming a guardian.

  • Determine no other options exist
  • Schedule an exam by a medical doctor to assess the need for a guardianship
  • Consult an attorney to help you file for guardianship

Cook and DuPage County Guardianship Attorney

If you have concerns about a loved one and want to protect them with adult guardianship, a knowledgeable estate planning attorney can help you understand the new Illinois guardianship laws. They can represent you in court, suggest alternatives to guardianship, or provide other assistance as you seek to protect yourself and your loved ones.

To set up an initial meeting, contact the estate planning and elder law attorneys at Estate and Probate Legal Group today at 630-864-5835.  

Areas We Serve: Cook, DuPage, Kane, Lake and Will counties

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