What Does a Guardian of the Person Do in Illinois?

The Short Answer

A guardian of the person generally addresses personal welfare and care within the authority granted by the court. The guardian is expected to support the adult’s welfare while promoting as much self-reliance and independence as reasonably possible.

What Types of Personal Decisions May Be Involved?

Depending on the order, issues can include care, health, support, professional services, living arrangements, and other personal needs. The guardian should begin with the actual language of the appointment order.

Does the Guardian Decide Everything?

Not necessarily. Limited guardianship may reserve substantial decision-making authority to the adult, and even broader appointments remain subject to Illinois law and court supervision.

What Does Promoting Independence Mean?

Illinois law directs personal guardians to assist the adult in developing maximum self-reliance and independence. In practice, that means guardianship should not be treated as a reason to exclude the adult from decisions the adult can understand or participate in.

Can a Guardian Choose Where the Adult Lives?

Residence decisions can involve the guardian’s authority, the adult’s preferences and needs, available services, statutory protections, and sometimes court involvement. Significant placement disputes should be reviewed carefully rather than handled by assumption.

What About Medical Decisions?

Health-care authority can involve the guardianship order, powers of attorney or advance directives, Illinois health-care laws, and the nature of the proposed treatment. A guardian should confirm the legal basis for significant or disputed decisions.

Bottom Line

The guardian’s job is not simply to take control. It is to carry out court-authorized responsibilities while protecting the adult’s welfare, preferences, rights, and independence to the extent the law and order require.