Where to File a Guardianship Proceeding for a Disabled Adult | Which State Has Jurisdiction Over Guardianship?

Article written by Illinois Attorney Kevin O’Flaherty

In this article we explain where to file a guardianship proceeding, including answer the questions: “which state has jurisdiction over guardianship?” and “which county is the proper venue for Illinois guardianship proceedings?” We also explain emergency jurisdiction in guardianship proceedings.

For foundational information about adult guardianship, check out our article: Illinois Guardianship Explained.

What is Jurisdiction in a Guardianship Proceeding?

“Jurisdiction” in the context of a guardianship proceeding is a determination of which state has the power to issue binding orders in the proceeding. A petitioner in a guardianship proceeding must file the case in a state that has jurisdiction over the case in order for the court to issue a binding order. Guardianship jurisdiction is governed by the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (“the Act”), which has been adopted by Illinois.

Which State Has Jurisdiction Over a Guardianship Proceeding?

The baseline rule is that the disabled adult’s “home state” has jurisdiction over the guardianship proceeding. The disabled adult’s home state is defined as a state in which the disabled adult was…