no need to leave your home to receive legal consultations and services - Call or click to learn more about phone and videoconferencing with our attorneys

What Happens if a Guardian Dies or Becomes Disabled in Illinois? | Appointing a Successor Guardian based on Death or Disability

Article written by Illinois & Iowa Attorney Kevin O'Flaherty
Updated on
January 15, 2020

In this article, we answer the question, “what happens if a guardian dies or becomes disabled in Illinois?” and we explain the process of appointing a successor guardian based on death or disability.  

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

The process for replacing a guardian who is no longer able to fulfill his or her duties due to death or disability depends on whether the guardian was guardian of the person, guardian of the estate or both.  A guardian of the estate is responsible for the financial affairs of the ward.  A guardian of the person is responsible for the physical and emotional well being of the ward.  

If a guardian of the person dies or becomes disabled, a potential successor guardian should file a petition to appoint a successor guardian.  A hearing will be held at which the potential successor must show that the the original guardian is no longer to able fulfill his or her duties due to his or her disability or death. 

The potential successor must also demonstrate that he or she is an appropriate successor guardian for the ward and that appointment of the proposed successor as guardian would be in the best interests of the ward.  

If a guardian if the estate dies or becomes disabled, in addition to the successor guardian following the above procedure that is also required for guardianship of the person, representatives of the original guardian must also file a final account with the guardianship court. 

The final account shows all of the income and disbursements from the estate of the ward that have occurred as well as providing a statement of assets and liabilities.  This account may be prepared by the original guardian’s guardian if he or she is disabled, or by the executor or administrator of the original guardian’s estate or the guardian’s heirs if he or she is deceased.  

Additional Financial Considerations
from Financial Experts

From Financial Experts

For many years, financial institutions have been creating a disservice to clients and the industry as a whole for years.
View More Professional Considerations

Presented By O'Flaherty Law

Who becomes guardian if a guardian dies

Need Legal Help? 

Schedule a

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Leave a Comment With Your Questions

Read more about

Guardianship Law

We offer free, paid & Online CONSULTATION in:

Guardianship Law

Schedule a consultation with our Illinois & Iowa Attorneys

We offer free, paid & online consultation in nearly every area of law throughout Illinois and Iowa. We have a range of options to assist you with your legal needs.

What happens at a legal consultation?
Meet with an attorney for a free consultation to discuss what type of matter you need to discuss with an attorney.
Over the Phone Legal Consultations
Similar to In-person consultations, you discuss your legal needs with our attorneys to discuss your matter.
An online consultation is like an in-person and an over the phone online Consultation. You meet face to face with our attorneys through our online portal.
Paid Legal Consultations
While a free consultation allows us to discuss what we can do in general terms for your legal matter, a paid consultation allows us to answer direct questions.

More Illinois Adult Guardianship Law Episodes

contact us

Monday to Friday
9am - 5pm

Contact Us
Disclaimer: Our articles and comment responses do not constitute legal advice and are not intended to create an attorney-client relationship.

Please contact us to schedule a free consultation for legal advice specific to your situation.

Here are some articles that may interest you
Schedule a

Contact us for a Free Consultation

Schedule a free consultation

O'Flaherty Law is happy to meet with you by phone or at our office locations in:

Who We Are
We are your community law firm. Our Illinois & Iowa Attorneys are committed to providing exceptional client service in a cost-effective manner in the areas of Family Law, Probate, Estate Planning, Civil Litigation, Guardianship, Criminal Defense, Corporate & Contract Law, Bankruptcy and Real Estate.

Some of Our Accomplishments

Best Child Support Lawyers in Chicago
DuPage County Probate Attorney
Kevin P. O'Flaherty
Rated by Super Lawyers

loading ...
Naperville attorney
DuPage County Probate Attorney

Subscribe to our mailing list

* indicates required