However, the statute itself does not explicitly state whether co-guardians must act jointly on every action or whether one can act independently. It simply authorizes the court to appoint “co-guardians … who agree to serve together.”
What That Likely Means in Practice:
• Court’s appointment order controls: In Illinois, the letters of office and the court’s order of appointment govern what each guardian may do and how they may act. Typically, the court will specify in the order whether co-guardians must act jointly (e.g., both signatures required) or whether one may act independently within certain areas of authority. Counties often differ in practice, and many judges tailor the order to the needs of the ward and the co-guardians’ abilities.
• Defaults vary by type of action: For major decisions (e.g., selling property, entering contracts, consenting to major medical treatment), courts or clerks often require both guardians to sign or otherwise participate if both are appointed as co-guardians of the same type (person or estate). For routine or day-to-day decisions, one guardian might be allowed to act alone if the court’s order or local practice permits it. There’s no statewide rule that automatically lets one guardian act alone on all matters when two are appointed.
• If co-guardians disagree: If both are appointed jointly and disagree on how to act, they often must go back to court for a resolving order — courts expect guardians to act together and in the best interests of the ward unless the order says otherwise. (This is consistent with general guardianship practice, even if not spelled out in that statute.)
Key Takeaways
• Both guardians are appointed with equal authority unless the court’s order limits their roles or specifies otherwise.
• Whether one guardian can act without the other depends on the specific court order and local practice, not a blanket rule in the statute.
• For clarity and to avoid disputes, courts commonly spell out in the appointment order whether co-guardians must sign all documents together or may act individually on routine matters.
What You Should Do:
• Review the court’s specific guardianship order — that’s what actually governs authority to sign and act.
• If the order is unclear and the co-guardians disagree about whether one may act alone, you can file a motion in the probate court asking the judge to clarify or modify the order.
If you want, I can help you draft the wording for a motion or order request to clarify this for your specific case.