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Rights of a Disabled Adult in an Illinois Guardianship Proceeding
Article written by Illinois Attorney Kevin O’Flaherty
In this article, we explain the rights of an allegedly disabled adult in an Illinois guardianship proceeding.
In Illinois, when someone petitions to be appointed as guardian over an allegedly disabled adult, a hearing will be held, during which the petitioner must demonstrate both that the disabled adult is incapable of making personal or financial decisions for himself or herself and that the proposed guardian is appropriate. To learn more about guardianship proceedings generally, check out our article: Illinois Adult Guardianship Hearings Explained.
Often the allegedly disabled adult will not want to be declared legally disabled and have a guardianship instituted. Allegedly disabled adults have the following rights when responding to a guardianship petition:
The right to notice of the guardianship hearing
The allegedly disabled adult must be personally served with summons and a copy of the guardianship petition at least 14 days prior to the date of the hearing. To learn more about notice requirements in guardianship proceedings, check out our article: What Notice is Required in Illinois Guardianship Proceedings?
