Who Can Serve as Guardian in Illinois? A New Bill Could Change the Rules
When a loved one can no longer make decisions safely — whether due to disability, illness, or age — families often turn to guardianship for help. But a new proposal in Springfield could change who is allowed to step forward and serve as guardian in certain cases.
Let’s take a closer look at House Bill 1198 (2025) and what it could mean for Illinois families.
What Is House Bill 1198?
House Bill 1198 proposes a major change to the Illinois Probate Act of 1975 — the law that governs guardianship in our state.
Under the current law, any person or organization can file a guardianship petition, as long as they can show the need for one and that they are a suitable guardian. This includes family members, friends, professional guardians, and even nonprofit organizations that serve vulnerable adults.
If HB 1198 passes, that flexibility could narrow.
The bill says that when a person, corporation, or nonprofit with no legally recognized relationship to the person needing care files a guardianship petition, the court must appoint either:
- The Office of the State Guardian, or
- The county public guardian,
as the temporary or permanent guardian instead.
That means if someone outside the family — like a social service agency or advocacy group — petitions for guardianship, the court would no longer have discretion to appoint them directly.
Why This Matters for Illinois Families
At first glance, HB 1198 sounds procedural — but it touches the heart of who can care for your loved ones when they’re most vulnerable.
Here’s what this could mean for you:
- More Reliance on Public Guardians
Public guardians play an essential role in protecting people who have no one else. But if this bill passes, their workload could rise sharply, especially in counties already stretched thin. Families might experience longer appointment times or delays in decision-making as a result.
- Fewer Options for Trusted Non-Family Care
Sometimes, the best caregiver isn’t a blood relative. Close friends, neighbors, or nonprofit advocates often step up when families can’t. HB 1198 could limit those options, requiring courts to default to a government guardian even when someone personally connected is willing and able to serve.
- Clearer Boundaries for Outside Petitions
On the other hand, this proposal could help prevent exploitation by ensuring only verified, legally recognized relationships can initiate guardianship proceedings. It’s an attempt to balance protection with oversight — but that balance may look different for each family.
Who Should Pay Attention to This Bill
- Families of adults with disabilities — especially if you rely on a nonprofit or friend to help manage care.
- Elder caregivers who might one day need guardianship for an aging parent or spouse.
- Professionals and service organizations that currently act as guardians or petitioners for clients.
Even though HB 1198 is still pending, it’s a good time to review your loved one’s estate and care plan. There may be other tools — like powers of attorney or trusts — that can reduce the need for a public guardianship down the road.
Practical Next Steps
If you’re caring for someone who may eventually need a guardian:
- Talk with a local attorney familiar with Illinois probate and guardianship laws.
- Review your legal documents — especially powers of attorney — to make sure they reflect your family’s wishes.
- Stay informed as HB 1198 moves through the legislature. Early planning can prevent confusion and delays later.
The Bottom Line
Illinois families deserve clarity and compassion when it comes to guardianship. House Bill 1198 highlights an important question: Who should have the right to protect and care for a vulnerable adult when family isn’t available?
Our firm is here to help you navigate these changes, understand your rights, and protect the people you love.
📞 If you have questions about guardianship, estate planning, or probate in Illinois, contact the Law Office of Jonathan W. Cole P.C. at (708) 529-7794 — Your Neighborhood Law Firm.
