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Illinois Compiled Statutes

755 ILCS 5/11a-10 (2026)

Procedures preliminary to hearing

✓ current as of May 2026
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(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
    Sec. 11a-10. Procedures preliminary to hearing.
    (a) Upon the filing of a petition pursuant to Section 11a-8, the court shall set a date and place for hearing to take place within 30 days. The court shall appoint a guardian ad litem to report to the court concerning the respondent's best interests consistent with the provisions of this Section, except that the appointment of a guardian ad litem shall not be required when the court determines that such appointment is not necessary for the protection of the respondent or a reasonably informed decision on the petition. If the guardian ad litem is not a licensed attorney, he or she shall be qualified, by training or experience, to work with or advocate for persons with developmental disabilities, the mentally ill, persons with physical disabilities, the elderly, or persons with a disability due to mental deterioration, depending on the type of disability that is alleged in the petition. The court may allow the guardian ad litem reasonable compensation. The guardian ad litem may consult with a person who by training or experience is qualified to work with persons with a developmental disability, persons with mental illness, persons with physical disabilities, or persons with a disability due to mental deterioration, depending on the type of disability that is alleged. The guardian ad litem shall personally observe the respondent prior to the hearing and shall inform him orally and in writing of the contents of the petition and of his rights, including providing a copy of the notice of rights required under subsection (e). The guardian ad litem shall also attempt to elicit the respondent's position concerning the adjudication of disability, the proposed guardian, a proposed change in residential placement, changes in care that might result from the guardianship, and other areas of inquiry deemed appropriate by the court. Notwithstanding any provision in the Mental Health and Developmental Disabilities Confidentiality Act or any other law, a guardian ad litem shall have the right to inspect and copy any medical or mental health record of the respondent which the guardian ad litem deems necessary, provided that the information so disclosed shall not be utilized for any other purpose nor be redisclosed except in connection with the proceedings. At or before the hearing, the guardian ad litem shall file a written report detailing his or her observations of the respondent, the responses of the respondent to any of the inquiries detailed in this Section, the opinion of the guardian ad litem or other professionals with whom the guardian ad litem consulted concerning the appropriateness of guardianship, and any other material issue discovered by the guardian ad litem. The guardian ad litem shall appear at the hearing and testify as to any issues presented in his or her report.
    (b) The court (1) may appoint counsel for the respondent, if the court finds that the interests of the respondent will be best served by the appointment, and (2) shall appoint counsel upon the respondent's request or if the respondent takes a position adverse to that of the guardian ad litem. The respondent shall be permitted to obtain the appointment of counsel either at the hearing or by any written or oral request communicated to the court prior to the hearing. The summons shall inform the respondent of this right to obtain appointed counsel. The court may allow counsel for the respondent reasonable compensation.
    (c) The allocation of guardian ad litem fees and costs is within the discretion of the court. No legal fees, appointed counsel fees, guardian ad litem fees, or costs shall be assessed against the Office of the State Guardian, the public guardian, an adult protective services agency, the Department of Children and Family Services, or the agency designated by the Governor under Section 1 of the Protection and Advocacy for Persons with Developmental Disabilities Act.
    (d) The hearing may be held at such convenient place as the court directs, including at a facility in which the respondent resides.
    (e) Unless he is the petitioner, the respondent shall be personally served with a copy of the petition and a summons not less than 14 days before the hearing. The summons shall be printed in large, bold type and shall include the following:
NOTICE OF RIGHTS OF RESPONDENT
    You have been named as a respondent in a guardianship petition asking that you be declared a person with a disability. If the court grants the petition, a guardian will be appointed for you. A copy of the guardianship petition is attached for your convenience.
The date and time of the hearing are:
The place where the hearing will occur is:
The Judge's name and phone number is:
    If a guardian is appointed for you, the guardian may be given the right to make all important personal decisions for you, such as where you may live, what medical treatment you may receive, what places you may visit, and who may visit you. A guardian may also be given the right to control and manage your money and other property, including your home, if you own one. You may lose the right to make these decisions for yourself.
    You have the following legal rights:
        (1) You have the right to be present at the court
    
hearing.
        (2) You have the right to be represented by a lawyer,
    
either one that you retain, or one appointed by the Judge.
        (3) You have the right to ask for a jury of six
    
persons to hear your case.
        (4) You have the right to present evidence to the
    
court and to confront and cross-examine witnesses.
        (5) You have the right to ask the Judge to appoint an
    
independent expert to examine you and give an opinion about your need for a guardian.
        (6) You have the right to ask that the court hearing
    
be closed to the public.
        (7) You have the right to tell the court whom you
    
prefer to have for your guardian.
        (8) You have the right to ask a judge to find that
    
although you lack some capacity to make your own decisions, you can make other decisions, and therefore it is best for the court to appoint only a limited guardian for you.
    You do not have to attend the court hearing if you do not want to be there. If you do not attend, the Judge may appoint a guardian if the Judge finds that a guardian would be of benefit to you. The hearing will not be postponed or canceled if you do not attend. If you are unable to attend the hearing in person or you will suffer harm if you attend, the Judge can decide to hold the hearing at a place that is convenient. The Judge can also follow the rule of the Supreme Court of this State, or its local equivalent, and decide if a video conference is appropriate.
    IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN. IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY OTHER PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND TELL THE JUDGE.
    Service of summons and the petition may be made by a private person 18 years of age or over who is not a party to the action.
[END OF FORM]
    (f) Notice of the time and place of the hearing shall be given by the petitioner by mail or in person to those persons, including the proposed guardian, whose names and addresses appear in the petition and who do not waive notice, not less than 14 days before the hearing.
(Source: P.A. 102-72, eff. 1-1-22; 102-191, eff. 1-1-22; 102-813, eff. 5-13-22.)

    
Notes of Decisions
Cited in 30 cases (10 in the last 5 years), 1996–2026 · leading case: In Re Est. of Doyle, 838 N.E.2d 355 (Ill. App. Ct. 2005).
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In Re Est. of Doyle, 838 N.E.2d 355 (Ill. App. Ct. 2005). · cites it 4× “Respondent next argues the trial court's guardianship order is void because the guardianship hearing was not held within 30 days of the filing of the guardianship petition.”
In Re Guardianship of Mabry, 666 N.E.2d 16 (Ill. App. Ct. 1996). · cites it 4× “" 755 ILCS 5/11a-10 (West 1994). Once a guardian of the estate has been named, it becomes that entity's responsibility to represent the ward in all litigation.”
People v. Delores W., 862 N.E.2d 589 (Ill. App. Ct. 2006). · cites it 5× “" 755 ILCS 5/11a-10 (West 1998). Section 11a-10 of the Probate Act clearly prescribes the procedure that must be followed by a court when appointing a GAL for a disabled person.”
Nichols v. Fahrenkamp, 2019 IL 123990 (Ill. 2021). · cites it 2× “) 755 ILCS 5/11a-10(a) (West 1994). However, in 1995 the General Assembly updated article XIa of the Probate Act to reflect the more common use of “guardian ad litem.”
Struck v. Cook Cnty. Pub. Guardian, 901 N.E.2d 946 (Ill. App. Ct. 2008). “al a disabled person "[u]pon the filing of a petition by a reputable person" (755 ILCS 5/11a-3(a) (West 2006)); that the petition must state the names and post office addresses of the allegedly disabled person's nearest relatives, including adult children (755 ILCS 5/11a-8(e)…”
In Re Est. of Bishop, 777 N.E.2d 1059 (Ill. App. Ct. 2002). · cites it 5× “That section provides that upon the filing of a petition the court shall appoint a guardian ad litem to report to the court concerning the respondent's best interests unless the court determines that such appointment is not necessary for the respondent's protection or a…”
In Re Est. of Wilson, 905 N.E.2d 957 (Ill. App. Ct. 2009). “" 755 ILCS 5/11a-10 (West 2004). On the same day that Heard filed his petition for adjudication of disability, the court appointed Sandra Theil as Wilson's guardian ad litem (subsequently GAL) and ordered her to interview Wilson and report to the court regarding the merits of…”
In re Est. of Kusmanoff, 2017 IL App (5th) 160129 (Ill. App. Ct. 2017). “755 ILCS 5/11a-10(a) (West 2014). Here, Carol’s temporary guardianship over MaryLou was permitted to extend throughout the pendency of the proceedings, a time frame of nearly a year.”
Nichols v. Fahrenkamp, 2019 IL 123990 (Ill. 2019). “) 755 ILCS 5/11a-10(a) (West 1994). However, in 1995 the General Assembly updated article XIa of the Probate Act to reflect the more common use of “guardian ad litem.”
In Re Est. of Fallos, 898 N.E.2d 793 (Ill. App. Ct. 2008). “755 ILCS 5/11a-10(a) (West 2004). On October 25, 2005, Catholic Charities filed a petition for plenary guardianship.”
In re Est. of Walter, 2022 IL App (1st) 211600 (Ill. App. Ct. 2023). · cites it 3× “755 ILCS 5/11a-10 (West 2020). It provides, in relevant part, that the petitioner must give notice of “the time and place of the hearing *** by mail or in person to those persons, including the proposed guardian, whose names and addresses appear in the petition and who do not…”
In re Est. of Kusmanoff, 2017 IL App (5th) 160129 (Ill. App. Ct. 2017). “755 ILCS 5/11a-10(a) (West 2014). Here, Carol’s temporary guardianship over MaryLou was permitted to extend throughout the pendency of the proceedings, a time frame of nearly a year.”
Show all 30 citing cases →
— 755 ILCS 5/11a-10(a) — 14 cases
In Re Est. of Doyle, 838 N.E.2d 355 (Ill. App. Ct. 2005). “Respondent next argues the trial court's guardianship order is void because the guardianship hearing was not held within 30 days of the filing of the guardianship petition.”
In Re Guardianship of Mabry, 666 N.E.2d 16 (Ill. App. Ct. 1996). “" 755 ILCS 5/11a-10 (West 1994). Once a guardian of the estate has been named, it becomes that entity's responsibility to represent the ward in all litigation.”
Nichols v. Fahrenkamp, 2019 IL 123990 (Ill. 2021). “) 755 ILCS 5/11a-10(a) (West 1994). However, in 1995 the General Assembly updated article XIa of the Probate Act to reflect the more common use of “guardian ad litem.”
In re Est. of Kusmanoff, 2017 IL App (5th) 160129 (Ill. App. Ct. 2017). “755 ILCS 5/11a-10(a) (West 2014). Here, Carol’s temporary guardianship over MaryLou was permitted to extend throughout the pendency of the proceedings, a time frame of nearly a year.”
Nichols v. Fahrenkamp, 2019 IL 123990 (Ill. 2019). “) 755 ILCS 5/11a-10(a) (West 1994). However, in 1995 the General Assembly updated article XIa of the Probate Act to reflect the more common use of “guardian ad litem.”
— 755 ILCS 5/11a-10(b)(2) — 3 cases
In Re Guardianship of Mabry, 666 N.E.2d 16 (Ill. App. Ct. 1996). “" 755 ILCS 5/11a-10 (West 1994). Once a guardian of the estate has been named, it becomes that entity's responsibility to represent the ward in all litigation.”
People v. Delores W., 862 N.E.2d 589 (Ill. App. Ct. 2006). “" 755 ILCS 5/11a-10 (West 1998). Section 11a-10 of the Probate Act clearly prescribes the procedure that must be followed by a court when appointing a GAL for a disabled person.”
In re: Mark w., a Minor (Ill. App. Ct. 2006).
— 755 ILCS 5/11a-10(c) — 3 cases
In Re Est. of Bishop, 777 N.E.2d 1059 (Ill. App. Ct. 2002). “That section provides that upon the filing of a petition the court shall appoint a guardian ad litem to report to the court concerning the respondent's best interests unless the court determines that such appointment is not necessary for the respondent's protection or a…”
In re Bryant, 2024 IL App (1st) 240319-U (Ill. App. Ct. 2024).
In re Est. of Watts, 2021 IL App (1st) 210521 (Ill. App. Ct. 2022).
— 755 ILCS 5/11a-10(e) — 2 cases
In re Est. of Coolidge, 2025 IL App (2d) 240049-U (Ill. App. Ct. 2025).
In re Gerald D. (Ill. App. Ct. 1999).
— 755 ILCS 5/11a-10(f) — 4 cases
Struck v. Cook Cnty. Pub. Guardian, 901 N.E.2d 946 (Ill. App. Ct. 2008). “al a disabled person "[u]pon the filing of a petition by a reputable person" (755 ILCS 5/11a-3(a) (West 2006)); that the petition must state the names and post office addresses of the allegedly disabled person's nearest relatives, including adult children (755 ILCS 5/11a-8(e)…”
In re Est. of Walter, 2022 IL App (1st) 211600 (Ill. App. Ct. 2023). “755 ILCS 5/11a-10 (West 2020). It provides, in relevant part, that the petitioner must give notice of “the time and place of the hearing *** by mail or in person to those persons, including the proposed guardian, whose names and addresses appear in the petition and who do not…”
In re Est. of Walter, 2022 IL App (1st) 211600 (Ill. App. Ct. 2022).
Struck v. Cook Cnty. Pub. Guardian (Ill. App. Ct. 2008).
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