A guardian of the person is appointed to make personal, non-financial decisions for a disabled adult (the “person under guardianship” or “ward”). This role is separate from a guardian of the estate, who manages finances.
Guardians of the person are fiduciaries. You must act in good faith, exercise reasonable care, and make decisions that prioritize the person under guardianship’s well-being, independence, and dignity.
Basic Duties of a Guardian of the Person in Illinois
Your responsibilities typically include:
1. Placement
You are responsible for determining where the person under guardianship will live. This could include:
- Remaining in their home with support services
- Moving in with family
- Assisted living
- Skilled nursing care
- Memory care or supportive living facilities
The placement must be appropriate for the person under guardianship’s condition and level of need.
Court Approval for Change of Placement or Moving Out of State
Illinois law requires court involvement for significant changes:
- Change of residential placement often requires court approval, especially if it substantially alters the person under guardianship’s living situation.
- Moving the person under guardianship out of Illinois requires a petition and court approval before relocation.
Failing to seek approval in advance can result in court sanctions or removal as guardian. Always consult counsel before making a major residential change.
2. Medical Decision-Making
Guardians of the person are typically authorized to:
- Consent to medical, dental, and mental health treatment
- Access medical records
- Choose healthcare providers
- Make end-of-life decisions consistent with the person under guardianship’s best interests
You must consider the person under guardianship’s known wishes, values, and previously expressed preferences whenever possible.
Certain extraordinary medical decisions may require additional court approval.
3. Visitation and Social Interaction
Guardians must encourage and support the person under guardianship’s relationships whenever appropriate. Illinois law recognizes the importance of maintaining family and social connections.
You may need to:
- Establish reasonable visitation guidelines
- Address family disputes
- Protect the person under guardianship from harmful contact
- Balance safety with social engagement
Mandatory Guardianship Training
Illinois requires appointed guardians to complete a court-approved guardianship training program. This training is designed to educate guardians about:
- Their fiduciary duties
- Reporting obligations
- Ethical considerations
- Rights retained by the person under guardianship
Failure to complete the required training can jeopardize your appointment. Courts usually request proof of completion.
Annual Report to the Court
Guardians of the person must file an Annual Report with the probate court.
The report generally includes:
- The person under guardianship’s current address and living arrangement
- Physical and mental condition updates
- Medical treatment received
- Services provided
- Social and educational activities
- Guardian’s contact with the person under guardianship
The purpose of the annual report is to allow the court to monitor the person under guardianship’s well-being and ensure the guardian is fulfilling their duties.
Missing deadlines or submitting incomplete reports can result in court hearings and possible removal.
Acting in the Best Interests of the Person Under Guardianship
A guardian of the person must always:
- Use substituted judgment when possible (what would the person under guardianship choose?)
- Promote independence when appropriate
- Choose the least restrictive alternatives
- Maintain regular personal contact
Guardianship does not remove all of a person’s rights. Courts expect guardians to respect autonomy and preserve dignity.
Common Mistakes to Avoid
Guardians sometimes encounter problems when they:
- Move a person under guardianship without court approval
- Fail to file annual reports
- Do not complete required training
- Restrict visitation without justification
- Make medical decisions without sufficient information
Because guardianship is court-supervised, compliance with statutory requirements is essential.
We’re Here to Help
Serving as guardian of the person can be emotionally demanding and legally complex. Having experienced probate counsel can help ensure you meet your responsibilities while protecting your loved one’s best interests.
If you have been appointed guardian of the person—or are seeking appointment—and need guidance, schedule a meeting with one of our attorneys and ensure you are fulfilling your duties properly while protecting both your loved one and yourself. We are here to help you navigate the guardianship process with confidence and clarity.