Family & Safety

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.

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.

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.

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

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.

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.

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

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.

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

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.

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.