Family & Safety

Guardianship lasts until the child turns 18, unless the judge ends it earlier.

A current guardian cannot simply stop being the guardian without a judge’s approval. The guardian must ask the judge to be discharged and appoint a successor guardian. If the judge approves the request, the judge may appoint a new guardian if the child still needs one. In some cases, a parent, current guardian, or standby guardian may already have named a successor guardian in writing. If so, the judge may consider that designation when deciding who should serve next. The judge will still decide what is in the child’s best interest.

A parent whose parental rights have not been terminated can file a petition to end the guardianship.

A current guardian can also file a request to end the guardianship. The current guardian cannot simply stop being the guardian without a judge’s approval. The guardian must file a request with the court to be discharged. The judge may approve the request and, if the child still needs a guardian, may appoint a successor guardian. The judge will decide what is in the child’s best interest. In some cases, a parent or guardian may have already named a successor guardian in writing. The judge may consider that designation when deciding who should serve next.

To end guardianship, someone such as the parent or current guardian must file a Petition to Discharge Guardianship of a Minor with the court, requesting that the guardian be discharged. A Notice of Motion, along with the Petition, must be sent to the current guardian, to anyone who was given notice of the initial petition when the judge first appointed a guardian, and to the child (if 14 or older). The judge will hold a hearing and decide whether to end the guardianship.
 

A guardianship discharge is a court order that ends the guardian’s authority. When a guardianship is discharged, the legal custody of that child returns to the living parent or parents, unless the judge appoints a successor guardian. 

The Illinois Probate Act, found at 755 ILCS 5/11-14.1, includes the laws about guardianship of a minor. 

In most situations, you may not need a lawyer to help you with this process. You may want a lawyer to help if one of the parties involved does not agree with ending the guardianship.

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.