Probate Code
Each state's laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating the Action – Filing a Petition:
The incapacitated person or any reputable person may initiate guardianship proceedings by filing a petition for the appointment of a guardian of the estate, of the person, or both.
Notice of Hearing:
Notice of the proceedings must be given to 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.
Examinations, Evaluations, and Interviews:
Upon the filing of a petition pursuant to Section 11a-8, the court shall set a date and place for the 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.
755 Illinois Comp. Stat. 5/11a-3
755 Illinois Comp. Stat. 5/11a-8 through 755 Illinois Comp. Stat. 5/11a-12