Family & Safety

A standby guardian is someone who a parent or guardian chooses to take care of a child when the parent or guardian is no longer willing or able to make and carry out day-to-day child care decisions. The parent or guardian can designate a standby guardian through a written document, such as a will or Designation of Standby Guardian form.

The document must be signed by the parent and two witnesses that are at least 18 years old and are not the standby guardian. However, signing the document does not give the standby guardian authority to act. The designated Standby Guardian must also file a petition in court. This must be done within 60 days of notice of the parent's death or inability to act. This way, the judge can approve the standby guardian. 

Effective January 1, 2024, electronic signatures are permitted in certain guardianship documents. A notary or witness must be "electronically present" to electronically sign. Electronic presence could be over a video service like Zoom.

Download and fill in the Standby guardian designation form. You will need 2 witnesses to sign the form with you.

The Standby Guardian should file forms with the court in the county where the minor lives, within 60 days of notice of the parent's death or inability to act.

If the minor lives outside of Cook County:

• Ask the circuit court in the minor's county which forms you need to file.

If the minor lives in Cook County, file the following forms:[no-lexicon]

• Petition for Appointment of Standby Guardian of Minor:  
  • Exhibit A: List the names and addresses of the child's closest adult relatives and any current guardian.
  • Exhibit B: Write a statement that tells the court why the minor needs a standby guardian. Include facts about the parent's or guardian's agreement to a standby guardian and the parent's or guardian's inability to make and carry out day-to-day decisions for the child. 
  • Exhibit C: Tell the court about any written documents you have that say who the standby guardian will be. This can be a will or other kind of form. If there is a will or document naming the standby guardian, attach it.
  • Exhibit D: Tell the court about any other court case involving the care of the child such as a divorce case or an adoption case. 
  • Exhibit E: If the child is 14 years or older and agrees with the parent's or guardian's choice for standby guardian, the child can sign a document stating that they are in agreement. This agreement is called a nomination. 
• Notice of motion [/no-lexicon]

There are fees to file many court forms, especially when starting a case. Fees are different from case to case and county to county. Contact the circuit clerk to find out about their fees. Many circuit clerks list their fees on their website. 

If you qualify, you can get a Fee waiver. A fee waiver allows you to file for free, or at a reduced cost.

Now that you have filled out your court forms, file your documents online via e-filing, or in person, if you qualify for an exemption from the Illinois e-filing mandate. If you do not have access to a computer or a scanner, you can use a public terminal to e-file your forms at the courthouse. See E-Filing Basics for more information.

How you will find out about the court date (or hearing date) and time depends on how you filed your case.

• E-filing: The website you used to electronically file may let you pick your court date (or hearing date) and time. If it does not, contact the clerk. 
• Paper filing: If you filed in person at the courthouse, the clerk will let you pick or they may pick for you.

Once you have a court date, put this date on the Notice of Motion. Make sure the date is at least 2 weeks away so that you will have time to notify the parents by certified mail and get a return receipt back.