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Date: 10/18/2026

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Standby guardianship of a child common questions FAQ

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What is a standby guardianship of a child? Copy link to this question The link has been copied. ×

Standby guardianship of a minor (child) is when a parent or guardian designates someone else to care for the child if, in the future, they become unable or unwilling to make day-to-day decisions. The parent or guardian can name a standby guardian in a written document, such as a will or a Designation of Standby Guardian form. Common scenarios include parents with terminal or chronic illnesses, sudden severe medical crises, and impending high-risk surgeries.

Learn more about guardianship of a child.

Who can become a standby guardian of a child in Illinois? Copy link to this question The link has been copied. ×

Any person willing to assume care and custody of a child and otherwise eligible to serve as a guardian in Illinois may become a standby guardian. The individual 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 the minor.

What is a standby guardian designation form? Copy link to this question The link has been copied. ×

A standby guardian designation form is a written document a parent or guardian uses to name who they want the court to appoint as a standby guardian. The document must be signed by the parent and two witnesses who are at least 18 years old and are not the standby guardian.

Who can use a standby guardian designation form? Copy link to this question The link has been copied. ×

A parent, adoptive parent, or legal guardian of a child whose parental rights have not been terminated can use a standby guardian designation form.

Do both parents have to agree with the standby guardianship? Copy link to this question The link has been copied. ×

Not always. A parent can appoint a standby guardian on their own in a written document. However, if another parent with parental rights can be found and is willing and able to care for the child, the court generally cannot appoint a standby guardian unless that parent agrees or does not object after receiving notice.

If a parent cannot be located or is unable to give consent, the court may still proceed if the person filing the case shows they made reasonable efforts to find or notify that parent.

Does signing a standby guardian form give the guardian authority right away? Copy link to this question The link has been copied. ×

No. Signing the form does not grant the standby guardian authority immediately. The standby guardian must still be appointed by a judge before having full legal authority. The designated guardian must file a petition with the court within 60 days of notice of the parent’s death or inability to act.

Does a standby guardian have to go to court? Copy link to this question The link has been copied. ×

Yes. Even if a parent signs a designation form, a standby guardian must be appointed by a judge. 

How long can a standby guardianship last? Copy link to this question The link has been copied. ×

A standby guardianship takes effect when a parent dies or becomes incapacitated, lasting until the parent recovers, the guardian resigns, or the child turns 18. While a short-term guardian is limited to 365 days, a court-appointed standby guardian can serve until the judge terminates the appointment or the minor turns 18. Once appointed by the court, the standby guardian becomes a plenary guardian.

Where can someone find the standby guardian designation form? Copy link to this question The link has been copied. ×

Learn more about standby guardianship designation forms and how to create one.

Where can more information about standby guardianship of a child be found? Copy link to this question The link has been copied. ×

The Illinois Probate Act, found at 755 ILCS 5/11-5.3, includes laws governing the guardianship of a minor and statutory language for the designation form.

Do I need a lawyer to help with a standby guardianship? Copy link to this question The link has been copied. ×

A lawyer is not required for this process. You may choose to get a lawyer to help you with this legal process, especially if there are questions about parental rights or court requirements. You can use Get Legal Help to find a free legal aid organization or private lawyer near you.

Last full review by a subject matter expert
September 18, 2026
Last revised by staff
September 21, 2026

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Designating a standby guardian for a childHow-To
This how-to explains how to designate a standby guardian for a child and what steps the standby guardian must later take to obtain plenary guardianship.

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Learn more about getting standby guardianship of a child and what situations they are typically used in.
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Designating a standby guardian for a childHow-To
This how-to explains how to designate a standby guardian for a child and what steps the standby guardian must later take to obtain plenary guardianship.
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Standby guardianship of a child common questions FAQ
Get answers about standby guardianship of a child, including choosing a future guardian and when it takes effect.
Guardianship of a child common questions FAQ
Get answers to common questions about child guardianship in Illinois, including types of guardianship, parental rights, and when it may be needed.
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