A lot of the calls I get about adult guardianship start the same way: an adult child has noticed their mom or dad can no longer keep track of their bills, or a family member calls because a brother was in an accident and can no longer make his own medical decisions. Whatever brings someone to my office to discuss guardianship proceedings, one of the first questions I hear is, “How long is this going to take?” It’s a fair question, especially when someone’s health or finances are at risk.
In Kane County, adult guardianship cases are filed with the Kane County Circuit Court, Probate Division, and are governed by the Illinois Probate Act. Every family situation is different, but for a straightforward, uncontested case, most guardianships in Kane County are resolved in about 6 to 10 weeks from the time the petition is filed to the day a guardian is appointed. If everyone agrees on who should serve and the medical evidence is clear, it can move faster than that. If a family member disagrees, or the proposed ward contests the petition, it can take several months longer.
Here’s a general breakdown of how the process usually unfolds:
- Filing the Petition: A petition for guardianship is filed with the court, along with basic information about the person alleged to need a guardian and why.
- Physician’s Report: Illinois law requires a report from a doctor (or, in cases involving an intellectual disability, a licensed clinical psychologist) that is no more than 90 days old. This report has to spell out why the person can’t make their own decisions and what kind of guardianship is needed. An outdated or incomplete report is one of the most common reasons a case gets delayed.
- Guardian ad Litem Investigation (2 to 4 weeks): The court appoints an independent guardian ad litem, often called a GAL, to meet with your family member, review the medical evidence, explain their rights to them, and report back to the judge on whether guardianship is warranted.
- Notice to Family (at least 14 days before the hearing): The proposed ward and close relatives entitled by law to notice must be formally served. This gives everyone a chance to be heard before the court makes a decision.
- The Hearing (typically 30 to 60 days after filing): Hearings are held at the Kane County Courthouse in Geneva. The judge reviews the physician’s report and the GAL’s findings, hears testimony, and decides whether a limited or plenary guardianship is appropriate, or whether no guardianship is needed at all.
- Letters of Office and Ongoing Duties: Once appointed, the guardian receives Letters of Office, which is the court’s official authorization to act. The job doesn’t end there. A guardian of the estate typically has to file an annual accounting with the court, and a guardian of the person may have ongoing reporting requirements as well.
What can slow down an adult guardianship case in Kane County
- Disagreement among family members about who should serve as guardian
- The proposed ward objecting to the petition, or requesting a jury trial
- A physician’s report that is missing, outdated, or incomplete
- Trouble locating or formally serving relatives entitled to notice
- Scheduling conflicts with the guardian ad litem’s investigation
- A more complicated financial or medical picture that requires additional evidence
If your family member is in real danger right now, medically, financially, or otherwise, Illinois law allows the court to appoint a temporary guardian on an emergency basis, sometimes within just a few days, while the full case moves forward. This isn’t the norm, but it’s worth knowing the option exists if you’re facing a genuine emergency.
Before filing, it’s also worth asking whether guardianship is even necessary. If your loved one already signed valid powers of attorney for property and health care while they were still able to, those documents may give you the authority you need without ever going to court. Guardianship is meant to be a last resort, not the first step, so this is one of the first things I look at with families who come to me.
What to expect when you work with my team
- Help you figure out whether guardianship, or a less restrictive option, actually fits your situation
- Prepare and file accurate petitions, reports, and court paperwork
- Coordinate with the guardian ad litem and the court on your behalf
- Keep you and your family informed as the case moves forward
Taking on guardianship for a parent, spouse, or other loved one is rarely something you plan for. If you’re trying to figure out the right path forward, I’m happy to talk it through with you. We offer free consultations at our offices in St. Charles and Elgin, and we can also meet by phone or Zoom. Contact us today.