The Cook County Public Guardian's Office receives referrals and conducts investigations into the need for guardianship for adults in Cook County and, where appropriate, files petitions asking to be appointed guardian.

When is an adult guardian necessary?
A guardian is necessary to make important decisions to promote the well-being of a person with disabilities who is at least 18 years of age, to protect him or her from neglect, exploitation or abuse, and to encourage development of his or her maximum self-reliance and independence.

A guardian may not be necessary, however, if, before becoming disabled, the person signed a "durable power of attorney" naming someone as his or her agent to make such decisions, as long as the agent is currently willing and able to act, and is acting only in the disabled person's best interest.

When is an adult considered disabled? 
"Disabled person" is defined under the Illinois Probate Act, the law that governs adult guardianship, as a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his person or estate, or (b) is a person with mental illness or a person with a developmental disability and who because of his mental illness or developmental disability is not fully able to manage his person or estate, or (c) because of gambling, idleness, debauchery or excessive use of intoxicants or drugs, so spends or wastes his estate as to expose himself or his family to want or suffering.

A petition for guardianship must be supported by the opinion of a licensed medical doctor stating that guardianship is needed, and why.

When is it appropriate to contact the Public Guardian regarding guardianship?
The Public Guardian receives guardianship referrals from hospitals, nursing homes, banks, social service agencies, police, attorneys, judges, concerned family members, friends and neighbors, to name a few.

There are a wide variety of situations that cause concerned parties to contact the Office. Sometimes referrals are made when a concerned party learns of possible exploitation, abuse or neglect of an elderly or vulnerable person. In other cases, a disabled adult has developed a serious medical condition requiring a responsible party to make medical decisions. In still other cases, an adult who previously lived at home on his or her own can no longer do so safely, and a guardian must step in to make care and placement decisions. 

These are just a few examples, however, and there are many other situations that might result in a guardianship referral. Not every case where a guardian is necessary is appropriate for the Public Guardian, however. Keep in mind the following criteria if you are thinking about referring a case. A prospective ward of the Public Guardian must:

1. Reside in Cook County.
2. Be at least 18 years of age.
3. Have an estate valued at over $25,000, including real property.  This minimum asset requirement is established by the Probate Act. When an adult with a smaller estate is in need of guardianship services, the state guardian serves as guardian (see also Guardianship Resources Page).
4. Meet the above definition of a "disabled person."
5. Be without family members, relatives, close friends or other persons willing and appropriate to serve as guardian, or willing and able agent(s) under valid power(s) of attorney.

The Public Guardian does not file petitions for guardianship for persons residing in nursing homes or hospitals unless the Public Guardian has substantiated the person is a victim of financial exploitation or other form of elder abuse.

In addition, the Public Guardian does not file petitions seeking the appointment of a third party (e.g., a family member or friend) as guardian for a disabled adult. If such a person is willing, able and appropriate to become the guardian of a disabled adult, they may file a guardianship petition asking the court to appoint them as guardian.  In order to serve as guardian, a person must:

    1.    be capable of providing an active and suitable program
           of guardianship for the disabled person,
    2.    be at least 18 years old,
    3.    be a resident of the United States,
    4.    be of not unsound mind,
    5.    not be an adjudged disabled person as defined in the
           Probate Act, and
    6.    not have been convicted of a felony, unless the court finds   
           appointment of the person convicted of a felony to be in the
           disabled person's best interests, and as part of the best
           interest determination the court has considered the nature
           of the offense, the date of offense, and the evidence of
           the proposed guardian's rehabilitation. No person shall be
           appointed who has been convicted of a felony involving
           harm or threat to an elderly or disabled person, including
           a felony sexual offense.

In Cook County, forms for filing guardianship can be obtained in the Clerk of Court for the Probate Division of the Circuit Court of Cook County, located on the 12th Floor of the Richard J. Daley Center. It is strongly recommended that persons wishing to file for guardianship consult with an attorney, particularly if the disabled person has an estate that must be managed by a guardian.

How do you make a referral to the Public Guardian?
If you are concerned about an elderly person or another adult you believe may be disabled, and whom you believe meets the criteria for the Public Guardian's Office, you can refer the case to the Public Guardian by calling (312) 603-0800 between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday. The receptionist will connect you with the Intake Worker on duty. If the case appears to be appropriate, the Intake Worker will open an investigation, which includes gathering relevant information about the alleged disabled person from the referring party and other sources.

To help the investigation process run smoothly and efficiently, you should be prepared to provide as much factual information regarding the alleged disabled person as possible when you contact the office, including any of the following information you are able to provide:

1. address
2. age
3. date of birth
4. social security number
5. names and contact information for family members
6. employment history
7. religion
8. medical information, including name of regular doctor
9. banking and other financial information
10. information regarding the alleged disabled person's personal property, such as automobiles and pets, and real property.

If you are unsure whether a case is appropriate for guardianship or for the Public Guardian's Office, you can call the Office and an Intake Worker will assist you. 

What happens once an investigation is opened?
In addition to gathering as much information as possible from the referring party and other sources, the Public Guardian's Intake Department will seek to obtain a physician's report supporting the need for a guardian. If the alleged disabled person is not currently under the care of a physician who can provide such a report, the Public Guardian may arrange for an evaluation by a physician in appropriate cases.

In cases where the other criteria for Public Guardian guardianship are met, a field assessment is conducted by one of the Field Supervisors in the Intake Department. A field assessment consists of a face-to-face meeting with the alleged disabled person, preferably in his or her home or current place of residence, and an evaluation of his or her medical, physical or social needs.

Following the field assessment, if the case is appropriate, the Public Guardian will file a petition in the Probate Division of the Circuit Court of Cook County seeking to be appointed guardian. Depending on the degree and nature of the person's disability and other factors, the Public Guardian will seek appointment as the guardian of the person's Estate, Person, or both Estate and Person. In cases where full, or "Plenary," guardianship is not necessary, the Public Guardian will ask to be appointed Limited Guardian, with specific limited powers and duties.

Once a guardianship petition has been filed, how long does it take for the Public Guardian to be appointed?
The guardianship process varies greatly from case to case, depending on a number of factors, such as whether the alleged disabled person objects to guardianship, or whether relatives with right to notice of the proceedings object or file their own petitions for guardianship. The Public Guardian may be appointed as early as 30 days after a petition is filed, but the process may take much longer in more complex or contested cases.

In some cases, the court may determine after a hearing that guardianship is not necessary at all, or that another person or agency should serve as guardian instead of the Public Guardian.

What if an emergency exists, placing the alleged disabled person at immediate risk of being harmed or exploited?
Where necessary to protect the alleged disabled person in the period before a guardian is appointed, the Public Guardian may file a petition seeking to be appointed temporary guardian, to enable the Office to handle certain matters for the alleged disabled person, as specified in a temporary guardianship order.