Being appointed a guardian for an adult in Illinois is a serious legal responsibility. A guardian may have authority to make important decisions about an adult’s personal care, living arrangements, medical treatment, finances, or property.
Because guardians have significant responsibilities and authority, Illinois law provides procedures for addressing situations in which a guardian is no longer able or suitable to serve.
If you are concerned about an adult guardianship, you may be asking: Can a guardian be removed in Illinois? What are the grounds for removing a guardian? Who can ask the court to remove a guardian?
The answers depend on the circumstances of the guardianship and the type of authority the guardian has been given by the court.
What Is an Adult Guardianship in Illinois?
An adult guardianship is a legal arrangement in which an Illinois court appoints someone to make certain decisions for an adult who has been found to lack sufficient capacity to make those decisions independently.
The court may appoint a guardian of the person, a guardian of the estate, or both.
A guardian of the person may have authority over matters involving the adult’s personal care, medical decisions, living arrangements, and other personal needs.
A guardian of the estate generally has responsibility for managing the adult’s financial affairs and property.
The scope of the guardian’s authority depends on the court’s order. Illinois law recognizes that guardianship should be tailored to the individual’s circumstances, and a limited guardianship may be appropriate when an adult needs assistance with some areas of decision-making but can manage other areas independently.
When Can a Guardian Be Removed in Illinois?
An Illinois probate court may remove an adult guardian when there is a legally sufficient reason to conclude that the guardian should no longer serve.
Potential grounds for removal can include:
- Mismanagement of the person’s finances or property;
- Failure to perform required guardianship duties;
- Neglect of the person’s needs;
- Conflicts of interest;
- Improper use of the person’s assets;
- Becoming incapable or unsuitable to serve; or
- Other circumstances that provide a sufficient legal basis for removal.
The specific facts are important. A family member’s disagreement with the guardian does not automatically mean that removal is appropriate.
The court’s focus is generally on the rights, interests, welfare, and needs of the person under guardianship.
Can a Guardian Be Removed for Mismanaging Money?
Yes. Financial mismanagement can be a serious concern in an adult guardianship.
A guardian of the estate may be responsible for managing significant assets and financial affairs on behalf of the person under guardianship. The guardian is expected to properly protect and manage those assets.
Problems may arise if a guardian:
- Uses the person’s money for personal expenses;
- Fails to maintain adequate financial records;
- Makes questionable or unauthorized transactions;
- Improperly sells or transfers property;
- Fails to pay necessary expenses;
- Makes financial decisions that improperly benefit the guardian or others; or
- Fails to properly account for the person’s assets.
Guardians responsible for financial matters may have court-imposed accounting and reporting requirements. Failure to comply with those requirements can raise significant concerns.
Can a Guardian Be Removed for Neglect?
Potentially.
A guardian of the person may be responsible for decisions involving an adult’s care, medical treatment, living arrangements, and other personal needs.
If a guardian consistently fails to address the needs of the person under guardianship, fails to arrange appropriate care, or otherwise neglects the responsibilities imposed by the court, those circumstances may provide a basis for seeking court intervention.
Guardians also have important responsibilities when making decisions about where an adult lives. Illinois law places limitations on certain residential-placement decisions and recognizes the importance of considering the person’s preferences and maintaining important relationships.
Can a Guardian Be Removed for Self-Dealing?
A guardian generally has a fiduciary responsibility to act in the best interests of the person under guardianship.
A potential conflict arises when the guardian uses their position to obtain a personal financial benefit.
For example, concerns may arise if a guardian:
- Uses the person’s money for the guardian’s own benefit;
- Purchases the person’s property under questionable circumstances;
- Makes loans to themselves or family members;
- Transfers assets to themselves;
- Uses the person’s property without proper authorization; or
- Enters into transactions in which the guardian’s personal interests conflict with those of the person under guardianship.
Self-dealing can be a serious matter and may justify court intervention depending on the circumstances.
Can a Guardian Be Removed Because Family Members Disagree With Them?
Not necessarily.
Family disputes are common in adult guardianship cases. Siblings, adult children, spouses, and other relatives may have very different opinions about what is best for the person under guardianship.
A family member may disagree with decisions about medical care, living arrangements, finances, visitors, or other personal matters.
Disagreement alone, however, does not necessarily establish grounds for removal.
The more important question is whether there is evidence that the guardian is failing to properly perform their legal responsibilities or that another legally sufficient reason exists for removal.
Can a Guardian Be Removed if They Are No Longer Suitable?
Yes.
Circumstances can change after a guardian is appointed. A guardian may become unable or unwilling to perform the responsibilities of the position. The guardian’s circumstances may change, or the relationship between the guardian and the person under guardianship may deteriorate.
Illinois law allows the court to consider whether a guardian has become incapable or unsuitable to continue serving.
Importantly, removal does not necessarily require an allegation of criminal wrongdoing. The question can be whether the guardian remains an appropriate person to fulfill the responsibilities assigned by the court.
What Happens When a Guardian Is Removed?
If an Illinois court removes a guardian, the court must determine what happens to the guardianship going forward.
In some cases, the court may appoint a successor guardian to assume the responsibilities previously held by the removed guardian.
The transition can be particularly important when the guardian has control over financial accounts, real estate, medical decisions, housing, or other significant aspects of the person’s life.
The court may also address the former guardian’s handling of the person’s property and finances, including whether an accounting or other action is necessary.
How Do You Remove a Guardian in Illinois?
Removing an adult guardian generally requires a court proceeding.
An interested person can bring concerns to the appropriate Illinois court and, depending on the circumstances, ask the court to remove the guardian or provide another appropriate remedy.
The guardian generally has the right to receive notice and an opportunity to respond to allegations before the court makes a decision affecting their appointment.
The court may consider documents, financial records, testimony, medical information, and other evidence. In some cases, the court may appoint a guardian ad litem or another appropriate professional to investigate issues and provide information to the court.
Because guardianship proceedings can involve sensitive personal and financial matters, specific evidence can be extremely important.
What Should You Do If You Believe an Illinois Guardian Should Be Removed?
If you are concerned about an adult guardian, document the specific issues that concern you.
Depending on the circumstances, useful information may include:
- Bank statements and other financial records;
- Guardianship accountings;
- Court orders and filings;
- Medical or care-related records;
- Documentation concerning living arrangements;
- Communications with the guardian; and
- Evidence of transactions involving the person’s property or money.
If you believe the person under guardianship is being neglected, financially exploited, or placed at immediate risk, prompt legal assistance may be especially important.
Conclusion
When can a guardian be removed in Illinois? An adult guardian may be removed when circumstances demonstrate that the guardian is no longer capable or suitable to perform the required duties or when other legally sufficient grounds for court intervention exist.
Schedule a meeting with one of our attorneys to review the circumstances and help determine whether removal, an accounting, or another court remedy may be appropriate.