Family & Safety

Short-term guardianship of a minor (child) is a way for a parent to give another adult temporary authority to care for a child and make decisions for them without going to court. Parents may use short-term guardianship for situations such as illness, travel, or military deployment when they are temporarily unable to care for their child.

A short-term guardian can make day-to-day decisions for a child, including decisions about medical, educational, and personal needs. However, they cannot make certain major decisions, such as applying for a passport for the child, obtaining food stamps for the child, or adding the child to their insurance. 

A short-term guardian does not have the authority to manage a child’s money or property. Short-term guardianship only allows the guardian to make decisions about the child’s care. To manage a child’s property or assets, a person would need to be appointed by a court as a guardian of the estate.

Learn more about guardianship of a child.

A parent or legal guardian can choose any adult to be a short-term guardian of a child, but the 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.

A short-term guardianship can last up to a year. A parent or legal guardian may create a new short-term guardianship after the first one ends if needed. 

A parent or legal guardian can also revoke or end a short-term guardianship at any time. In addition, another parent who has parental rights may object to or end the short-term guardianship, even if they were not the parent who originally wrote or signed it. A short-term guardianship may also end automatically if the time period listed in the form expires or if the parent becomes able to care for the child again.

No. A short-term guardianship does not require going to court. It is created by completing and signing a written form. There is no cost to complete the form, and it does not need to be notarized. 

Usually, both parents must agree to a short-term guardianship, and if only one parent is appointing the guardian, the other parent must sign the form to show their consent. However, the other parent’s agreement is not required if they are unwilling or unable to make day-to-day decisions for the child, their whereabouts are unknown, or parentage has not been legally established.
 

Learn more about the short-term guardianship process, including getting forms.

Yes. Short-term guardianship is often used as part of an emergency plan for families, including situations where a parent may be detained or deported while the child is a US citizen. A parent can choose for the guardianship to take effect if a specific event happens, such as immigration detention.

Short-term guardianship does not affect a child’s immigration status and only gives the guardian authority to care for the child. It is a temporary arrangement and may not be appropriate for long-term situations. Short-term guardianships may also be used to authorize another adult to travel with a child. 

The Illinois Probate Act, found at 755 ILCS 5/11-5.4, includes the laws about short-term guardianship of a minor. 

In most situations, you may not need a lawyer to help you with this process, particularly if both parents are in agreement.

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.