The Short Answer
An individual proposed as guardian generally must meet statutory qualifications and be capable of providing an active and suitable guardianship. Illinois law also permits certain entities to serve in appropriate roles.
Does the Guardian Have to Be a Family Member?
No. A relative may be nominated, but family relationship alone is not the source of legal authority. The court appoints the guardian.
What Basic Qualifications Apply to an Individual Guardian?
Illinois law includes minimum qualifications for individuals and requires the court to find the proposed guardian capable of providing an active and suitable program of guardianship. Certain criminal histories or other disqualifying circumstances can affect eligibility.
Does the Guardian Have to Live in Illinois?
Illinois law generally requires an individual guardian to be a resident of the United States, not necessarily an Illinois resident. Practical issues such as availability and ability to perform the duties can still affect suitability.
Can Different People Serve for the Person and the Estate?
Yes. Depending on the circumstances, the court may appoint one person for both roles or separate guardians for personal and financial responsibilities. Certain entities may qualify for estate roles.
What If Family Members Disagree About Who Should Serve?
A contested nomination can require the court to evaluate evidence, suitability, the adult’s interests, and the statutory framework. The existence of disagreement makes careful legal advice especially important.
Bottom Line
Who can legally qualify and who the court should appoint are related but different questions. The court focuses on the statutory requirements and the needs of the adult and estate.
Attorney Wendi J. Wade can review the existing documents, court orders and current circumstances and help identify the legal issue that needs attention.
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