A guardianship or conservatorship can be requested on behalf of a person who is allegedly incompetent, addicted or disabled, or for minors in certain situations. Even if a divorce or paternity action is pending, for example, the order for a guardianship or a conservatorship is obtained from the probate court. In most counties in Illinois, the probate and divorce judges are in separate courtrooms and divisions of the court.

There are a number of circumstances where a guardianship or conservatorship is appropriate or necessary:

• If an elderly person has reached that time when he or she is unable to care for himself or herself, a guardianship may be appropriate. If the person has already created a durable power of attorney, e.g., a guardianship may not be necessary. The person may have also made other arrangements as part of an estate plan.
• If a child has received an inheritance, compensation for an accident, or other asset, a conservatorship may be necessary if the child’s parents are not able to properly manage the child’s money.
• If a child has special needs after the child turns 18 years old, a guardianship and conservatorship may be necessary to help that child with regard to essential decisions about the child’s medical care and finances.

A case included in the Grounds section of this website that deals with Guardianship and Divorce is that of In Re Marriage of Karbin, 2012 IL 112815 (October 4, 2012). In this case, the Illinois Supreme Court held that a guardian has the authority to seek permission from the court to file a dissolution petition on behalf of the ward if such petition is found to be in the ward’s best interest. This overrules a long-standing case that held that a plenary guardian lacked standing to institute a divorce proceeding on behalf of the ward.