Family & Safety

To designate a standby guardian, the parent or legal guardian must first download and complete the appropriate forms. If the child lives in Cook County, then the following forms can be used to designate the standby guardian:

• Petition for Appointment of Standby Guardian of Minor: this form asks a judge to decide who will be the standby guardian of the child. The following documents will need to be attached as exhibits:
  • Exhibit A: List the names and addresses of the child's parents. If they have none, then the child’s adult siblings. If there are no living parents or adult siblings, then the nearest adult relatives.
  • 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 another 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 child, such as a divorce, adoption, parentage, child support, or juvenile case.
  • Exhibit E: If the child is 14 years or older and agrees with the parent's or guardian's choice of standby guardian, the child can sign a document stating their agreement. This agreement is called a nomination. 
• Order Appointing Standby Guardian of Minor
• Notice of Court Date for Motion

It is important to note that 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.

Within 60 days of notice of the parent's death or inability to act, the standby guardian should file forms with the court in the county where the child lives. You should check the circuit court websites for that county for the required forms.

If the child lives in Cook County, then the following forms may be used:

• Petition to Appoint Standby Guardian as Guardian of Minor
• Order to Appoint Standby Guardian as Guardian of Minor
• Notice of Court Date for Motion

There is no cost to file a guardianship case in Illinois. However, there may be fees for filing other 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.

You will now need a court date. 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 file electronically may let you select 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 Court Date for Motion. Make sure the date is at least two weeks away so you have time to notify the parents and other required relatives by certified mail and receive a return receipt.

If the child’s relatives, after notice of the case, agree to the guardianship, they can sign the Consent to Guardianship of Minor and Appearance. Similarly, if the child is 14 years or older and also agrees, they can sign the Nomination of Guardian by Minor form. If these forms are completed, they must be filed with the clerk’s office.

Some counties may require a copy of the child’s birth certificate. If you do not have a copy of the birth certificate and a court order is required to get one, you can use the Order to Obtain Birth or Death Certificate form. You can also use this form if a court order is required to get a death certificate for a deceased parent or former guardian.

Similarly, some counties require a criminal background check, a Department of Children and Family Services (DCFS) background check, or both, such as Cook County. Others require fingerprinting. Check with your local clerk regarding what is needed.

Next, prepare for your court date by planning to bring with you:

• Petition to Appoint Standby Guardian as Guardian of Minor; 
• Order to Appoint Standby Guardian as Guardian of Minor (filled out except for information you do not know and the judge’s signature; bring the original and two copies for each child)
• Notice of Hearing on Petition for Guardianship of a Minor; 
• Oath of Guardian or Oath & Bond of Guardian;
• Consent to Guardianship of Minor and Appearance (if applicable);
• Nomination of Guardian by Minor (if applicable);
• Birth or death certificates (if required; one original and one copy);
• Criminal background check, DCFS background check, or fingerprinting (if required);
• Green return receipt cards showing notice was provided to the child’s relatives (if applicable);
• Information showing notice by publication in a newspaper (if applicable);
• Photo ID; and
• Copies of documents filed in your case or relevant to the case, as well as evidence.

Also, plan to bring any witnesses you want to testify at the hearing. Check your local rules to determine whether a child aged 14 or older must also attend. 

The court date of the guardianship case can be held in person or via telephone/video:

• In person
  • Get to the courthouse at least 30 minutes before your hearing time. Go to the courtroom listed on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk.
  • Check in quietly with the courtroom staff and wait for your name and case number to be called, and 
  • When your case is called, walk up to the judge and introduce yourself. Briefly tell the judge what you want out of the case. After listening to you and the other side, the judge will let you know what happens next.
• Via telephone or video call
  • Prepare for the call by confirming your technology is working and ready for you to call or log in. You should start trying to log in at least 15 minutes before the time of the hearing.
  • Mute yourself when you aren’t speaking and unmute yourself when your case is called.
  • Put your name in your video conferencing software so the judge can identify you and your case.

Wait for your case to be called. When your case is called, step up and tell the judge you want to be the child's guardian. Answer the judge's questions. If the minor is at least 14 years old, they should step up with you. The judge will ask minors 14 and older if they agree to the guardianship.

At this point, the judge may decide to proceed in different ways:

• The judge may grant guardianship, particularly if all required relatives were given notice and agree to it.
• The judge may need more information and require a court date at a different time.
• The judge may appoint a Guardian ad Litem (GAL) to represent the child’s best interests. The GAL will conduct their own investigation and report back to the judge.
• The judge may set the case for trial at a later date, at which the parties can present their cases. This includes providing evidence and witnesses testifying.

If the judge grants your request to become the guardian of the child, you will need to get a certified copy of the order. Take the order to the circuit court clerk, who will certify the order and then direct you to the cashier. Do not leave the building until you have done this. You must get the court order certified the same day that you receive it. If your court appearance was virtual, you should receive this via email or mail after your court date. 

If you do not have a fee waiver, there will be a fee for each order you need certified. If you have the fee waiver, you will need to show your signed and stamped fee waiver order to the circuit clerk.  

The court will then issue you Letters of Office or Letters of Guardianship, which prove that you have legal guardianship of the minor. You may be able to get the Letters the same day as your court date, or they might be emailed or mailed to you later. If a certified copy is required, contact the circuit clerk’s office. Keep these documents in a safe place. If they get lost or damaged in the future, or if you need an updated copy, you can visit the clerk’s office to request another copy. There is normally a small fee to obtain the forms. 

According to the Administrative Office of Illinois Courts, being a guardian of a child comes with many responsibilities:

• “While you are guardian of the person:
  • You are responsible for the health, welfare, and education of the minor.
  • You must notify the court and the minor’s parents of any change in your address or the address of the minor within 30 days of the change.
  • You must first get permission from the judge before moving out of state with the minor or traveling with the minor outside the state for more than 30 days.
  • You cannot transfer custody of the minor to anyone else, including the minor’s parents, without permission from the judge.
  • You may be required to file annual status reports with the court
• While you are guardian of the estate: 
  • You are responsible for the care, management, and investment of the minor’s estate. 
  • You must keep records of the minor’s income, assets, and expenditures. 
  • You must appear on behalf of the minor in any legal proceeding regarding the minor. 
  • You must notify the court and the minor’s parents of any change in your address or the address of the minor within 30 days of the change. 
  • You may be required to file annual status reports with the court.“