Legal Guardians

For legal guardians In Illinois, there are certain qualifications  which must be satisfied before an order is entered appointing a guardian of a disabled adult or minor.  (755 ILCS 5/11a-5)

Who May Act as Guardian:

The appointing court must find that the proposed legal guardian can provide a suitable plan for guardianship for the disabled person, and the guardian must:

1.  Be over the age of eighteen;

2.  A resident of the United States;

3.  Not of unsound mind;

4.  Has not been adjudicated a disabled person

5.  Has not been convicted of a felony.  (unless the court finds that the appointment of a person who has been convicted of a felony is in the best interests of the disabled person, after considering the nature of the offense, the date of offense, and evidence of the proposed guardian’s rehabilitation).

An individual who has been convicted of a felony involving a harm or threat to an elderly or disabled person, including a felony sexual offense, will NOT be appointed as guardian of a disabled person.

In addition to qualifying individuals, the court may appoint a public agency or not-for-profit corporation found capable by the court, as well as any corporation qualified to accept and administer trusts in Illinois.

Thus, any proposed legal guardian must have a suitable plan for the disabled person, and must fulfil the qualifications of a guardian.