Family & Safety

Plenary guardianship of a child is when a judge gives an adult full legal authority to care for a minor (child) and make decisions for them. This can include guardianship of the person, guardianship of the estate, or both:

• Guardianship of the person: allows the guardian to make decisions about the child’s daily care, including housing, education, and medical care.
• Guardianship of the estate: allows the guardian to manage the child’s money or property.

Learn more about guardianship of a child.

To be appointed as a guardian of a child, a person must: 

• Be at least 18 years old;
• Live in the United States;
• Be mentally competent; 
• Not be under a court-ordered guardianship themselves; 
• Potentially still qualify if they have a felony that does not involve harm to a minor, if the court determines it is in the child’s best interest; and
• Not have a history of abusing or neglecting children.

Yes. A family member can become a guardian if the judge finds that the person is able to care for the child and that guardianship is in the child’s best interests.

Yes. A person does not have to be related to the child. The judge may appoint a non-family member if the person is qualified and able to care for the child.

A judge may decide to assign two or more guardians for a child, who are referred to as co-guardians.

A parent can tell the judge who they want to serve as guardian. In some cases, a parent can also name a standby guardian in writing. However, the judge makes the final decision and will only appoint someone if it is in the child’s best interests. 

A child who is 14 or older can ask the judge to appoint a specific person as guardian. The judge will consider the child’s choice, but will make the final decision based on what is in the child’s best interests.

To start a guardianship case, a person must file a case in court and give notice to the required people. This process includes filing a Petition for Guardianship of a Minor, which asks the judge to appoint a guardian and explains why guardianship is needed. Learn more about Getting Guardianship of a Child.

A guardianship case is filed in the circuit court in the county where the child lives.

Yes. A judge must approve guardianship. The judge will hold a hearing before appointing a guardian.

There is no filing fee to start a guardianship case for a minor in Illinois, but there may be other fees for sending notice or obtaining background checks that are necessary in some counties.

The judge first considers whether a parent is willing and able to make and carry out day-to-day decisions for the child. If a parent is willing and able, the judge cannot appoint a guardian. If no parent is willing and able, the judge will decide whether appointing a guardian is in the child’s best interests. The judge will also consider whether the proposed guardian is able to care for the child.

A guardian is responsible for the child’s care, custody, safety, nurture, and education. This includes providing for the child’s daily needs and making decisions in the child’s best interests, such as decisions about medical care and schooling. In some cases, a guardian may also have to report to the court, especially if the guardian is managing the child’s property or if the court orders reports.

It is important to understand what is required of a guardian. For instance, an Annual Report may be required to be filed each year, with the first report due within 14 months of the date the Letters of Office were granted. Similarly, if the guardian is also the guardian of the child’s estate, an Annual Accounting must also be filed every year.

Special rules and procedures may also apply regarding withdrawing the child’s funds or settlement of personal injury cases. It is important that the guardian be aware of what is required of them.

Some counties provide specific information about the guardian’s responsibilities and needed forms, such as McHenry County, Cook County, Lake County, Champaign County, and Lee County.

No. Neither parent has to agree to a guardianship for a guardian to be appointed. However, a judge cannot appoint a guardian if a parent is alive, has parental rights, can be found, and is willing and able to make and carry out day-to-day decisions for the child. If a parent objects and is willing and able to care for the child, the judge will not appoint a guardian.

If a required person, such as a parent, cannot be found after reasonable efforts to locate them to provide notification of a new guardianship case, the judge may allow notice by publication. This means notice is published in a newspaper instead of being personally delivered. The person filing the case must show that they tried to find the person.

Yes. A parent can ask the judge to end the guardianship. The judge will decide whether the parent is willing and able to care for the child and whether ending the guardianship is in the child’s best interests.
 

A legal parent is someone who has recognized parental rights to the child. This may include a biological parent, an adoptive parent, or a person who has been legally recognized as a parent, such as through a court order establishing parentage. Legal parents have the right to object to guardianship or ask the court to end it.

The person filing for guardianship must provide the Notice of Hearing on Petition for Guardianship of a Minor to the child if they are 14 or older, the relatives listed in the petition (including the parents and siblings 18 years or older), and anyone who has had legal or informal custody of the child. 

At a guardianship hearing, the judge reviews the petition and any evidence about the child’s situation. The judge may hear from the person asking to be the guardian and from the child’s parents or other interested persons.

A guardian ad litem is a person the court may appoint to represent the child’s best interests in the case. Learn more about a guardian ad litem.

How long a guardianship case takes depends on the facts of the case and the court’s schedule. After the petition is filed, the judge sets a hearing, and notice must be given at least seven days before the hearing. Some cases are decided quickly, while others may take longer if there are objections or additional issues.
 

Guardianship starts when the judge signs the order appointing the guardian. The guardian may also need to sign an oath before acting as guardian.

An Oath of Guardian is a document in which the guardian promises to carry out their duties honestly and in accordance with the law. A guardian may be required to sign this before acting as guardian.

The Illinois Probate Act, found at 755 ILCS 5/Article XI, includes the laws about guardianship of a minor.

In most situations, you may not need a lawyer to help you with this process. You may want a lawyer to help if one of the parties involved does not agree with ending the guardianship.

In Cook County, you can contact the Guardianship Assistance Desk for Minors at (312) 603-0135 or Chicago Volunteer Legal Services at (312) 332-1624.

You can use Get Legal Help to find a free legal aid organization or private lawyer near you.