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Guardianship
Guardianship planning before your child turns 18
Your legal authority as a parent ends the day your child turns 18, even if your child has a disability and still needs support. DT Law helps families in DuPage, Will, and Kane counties plan ahead for guardianship, or a less restrictive alternative, typically starting six to twelve months before that birthday. We also handle guardianship for adults.
What is happening
The day your child turns 18, your legal authority as a parent ends, even if your child has a disability and still needs support. Without legal authority, parents may be unable to speak with doctors, see medical records, or help manage money, and the gap often appears at the worst moment.
What can be done
- Guardianship, a court process through which a trusted person is appointed to make decisions for an adult who cannot make them alone.
- A less restrictive alternative, such as health care and financial powers of attorney, when your young adult can understand and sign them. We look at the least restrictive option that fits.
- Adult guardianship, for an adult of any age whose capacity changes because of illness, injury, or disability.
- A timeline that starts early: typically six to twelve months before the 18th birthday, gathering records and documentation from your young adult’s doctors, then filing or signing documents ahead of the date.
- Coordination with a special needs trust, so decisions and money are protected together.
We file in DuPage, Will, and Kane counties.
Why DT Law
Guardianship is a court process, and Yung Truong practiced civil litigation from 2019 to 2025, including state appellate work. She also worked with children as a Registered Behavior Technician from 2025 to 2026. Read the guide, The guardianship clock starts well before your child turns 18, and learn more about Yung.
Common questions
Does a parent’s authority really end at 18?
Yes. At 18, a young person becomes a legal adult. Parents lose automatic authority to speak with doctors, see medical records, or handle money, unless the young adult signs documents that allow it or a court appoints a guardian.
Is guardianship the only option?
No. Depending on your young adult’s abilities, health care and financial powers of attorney or other less restrictive tools may be enough. We start with the least restrictive option that protects your child.
When should we start?
We recommend starting six to twelve months before your child turns 18, so records can be gathered and documents are in place before the birthday.
Do you handle guardianship for adults, not just at 18?
Yes. We handle both the transition at 18 and guardianship for adults whose capacity changes later because of illness, injury, or disability.
Which counties do you file in?
We file in DuPage, Will, and Kane counties.
Do we also need a special needs trust?
Often, yes. Guardianship covers decisions, while a special needs trust protects money and public benefits. The two are usually planned together.
Start the timeline early.
Starting six to twelve months before the 18th birthday leaves room to gather records and choose the right option.
This page is general information about Illinois law and is not legal advice. It does not create an attorney-client relationship. See the Disclaimer. Last updated October 2026.