Originally published: January 2026
No parent ever wants to imagine being unable to care for their child. Still, life throws curveballs—medical emergencies, military deployments, or just plain unpredictability.
Knowing how to legally protect your child’s care matters. In Illinois, parents can designate a short-term or standby guardian in writing. Still, a court must appoint a guardian in a probate case before that person has court-ordered authority.
But choosing between guardianship of the person, guardianship of the estate, or both? That takes some honest thinking about your family’s situation.
The process can look totally different depending on where you live in Chicagoland. Cook County has a dedicated help desk for guardianship cases at 69 West Washington Street, and its requirements may differ from those of other Illinois counties.
Before you file anything, you have to figure out which type of guardianship fits your needs and what paperwork the court wants.
This guide breaks down the decision process step by step. You’ll get a sense of when guardianship makes sense, how living parents affect the case, what costs to expect, and how the process plays out in Cook County courts.
Minor guardianship in Illinois is a court-approved arrangement in which an adult is granted legal authority to care for a child under 18. But there are boundaries—these rules protect both the child and parental rights.
The court prioritizes the child’s welfare. Guardianship doesn’t just erase a parent’s legal connection to their child.
If you petition for guardianship of a minor in Illinois, the court only cares about what’s best for the child. It’s not about what’s most convenient for you or even what a parent might want.
The judge considers whether you can provide proper care, make sound decisions, and meet the child’s needs. You must be at least 18, reside in the U.S., and be of sound mind.
Legal guardianship allows you to decide where the child lives, what medical care they receive, and which school they attend. As a guardian of the person, you handle the day-to-day tasks that parents typically handle.
The court doesn’t hand these out lightly. You’ll need to demonstrate why guardianship is necessary and how it benefits the child.
Getting guardianship of a child doesn’t mean parents lose everything. That’s a common mix-up.
Parents typically retain certain legal ties to their child unless the court specifically terminates their parental rights in a separate case. Guardianship happens when parents just can’t—or won’t—handle their responsibilities at that moment.
Perhaps the parents are ill, deployed, or facing tough times. In most cases, parents can petition the court to terminate the guardianship later if circumstances change.
A parent (or guardian of the person) may appoint a short-term guardian in writing, without court approval, for up to 365 days, provided the appointment is signed in the presence of at least two credible adult witnesses, and the appointed short-term guardian also signs.
If the child has another living parent whose rights are intact and who is known, willing, and able, the appointing parent generally cannot create a short-term guardianship unless the non-appointing parent signs the appointment instrument.
Illinois law gives you three main ways to appoint a guardian for your child. Each one fits different situations and levels of urgency.
Your choice depends on how quickly you need guardianship to kick in and whether you want the court involved.
You can name a short-term guardian without going to court if you need someone to care for your child temporarily. This is perfect for parents who travel frequently for work, have a short hospital stay, or need help during a personal crisis.
The guardianship of a minor designation lasts up to 365 days in Illinois. You complete a written document authorizing someone else to make decisions about your child’s care, education, and medical needs.
Key features include:
The short-term guardian can enroll your child in school, approve medical care, and handle daily parenting. You keep your parental rights while this is in place.
This guardianship ends automatically after a year unless you end it sooner or renew it with a new document.
A standby guardian lets you pick someone now who’ll step in when a specific event happens later. This is useful for parents dealing with serious illness, military deployment, or any situation where you anticipate the need but don’t need it right away.
You file a petition with the probate court to set up a standby guardianship. The guardianship stays inactive until a triggering event—like your incapacity, serious illness, or death—happens.
Common triggers include:
The standby guardian can have authority over the person, the estate, or both. This gives you peace of mind while you still keep full parental rights. Once it’s activated, the guardianship can become permanent if needed.
You’ll need a court-ordered guardianship if parents can’t care for a child and no temporary fix works. This court-ordered guardianship of a minor means filing a petition in probate court and getting a judge’s approval.
Starting a guardianship case involves several steps and court fees. The court might appoint a guardian ad litem to determine what’s in the child’s best interests.
Any U.S. resident aged 18 or older without serious criminal convictions may apply to become a guardian.
The court may grant:
This process can take weeks or even months. The court always prioritizes the child’s welfare.
You have to notify the child’s relatives about your petition and show up at a hearing where a judge reviews what you’ve filed.
Cooper Trachtenberg Law Group, LLC can help you choose the right minor guardianship option and prepare Chicagoland paperwork that courts accept. Schedule an appointment.
If you’re ready to get started, call us now!
Illinois law puts up a big barrier to guardianship if a biological or adoptive parent is alive and capable. The court can’t grant guardianship over a minor if a fit parent objects, and there are specific consent rules even when parents agree.
A guardianship petition is most often filed by a non-parent caregiver, but the court’s ability to proceed depends on whether a living parent is known, willing, and able, and whether statutory exceptions apply (relinquishment, consent, no objection after notice, or administrative separation). The court can’t appoint a guardian if a living parent is willing and able to take care of the child.
You can’t just file for guardianship because you disagree with a parent or think you’d do a better job. The parent must be truly unavailable or unfit, or agree to the plan.
The court will dismiss your petition if:
Parental rights come first. Even grandparents, aunts, uncles, or longtime caregivers can’t override a fit parent’s authority.
When you file for guardianship, you have to notify all living parents. Each parent has the right to approve or deny your petition.
If a parent agrees, they sign court documents attesting to their understanding of their rights. A guardian of the person can represent the child in legal matters and make choices about medical care, school, and daily life.
Parent consent requires:
If a parent objects, the court schedules a hearing. You’ll need to show solid evidence that guardianship helps the child, even with the parent’s objection.
The burden’s on you—not the parent—to prove your case.
Illinois law gives older kids some say in guardianship decisions, though the court ultimately decides. A child’s preference matters, but it doesn’t guarantee the result.
If your child is 14 or older, Illinois law lets them nominate a preferred guardian. They can put their choice in writing.
The court still has to approve the nomination. Judges determine whether the choice serves the child’s best interests.
The judge looks at the child’s wishes but also weighs other factors. They consider the proposed guardian’s ability to care for the child, their relationship, and whether they meet basic guardianship requirements, such as being at least 18 and a U.S. resident.
Children under 14 can’t formally nominate a guardian. The court might consider their wishes as they get closer to 14, but legally, younger kids don’t have the right to choose.
Timelines vary by courtroom, notice requirements, and background check completion; families should plan for scheduling variability, especially if a parent is difficult to locate or objects to the placement.
The Probate Division wants two main documents for any minor guardianship: a completed petition and the child’s birth certificate. You’ll need to file the original petition and two copies.
The guardianship petition requests basic information about you, the child, and why guardianship is needed. You’ll have to explain your relationship to the child and what happened with the parents.
Your birth certificate needs to be an official copy with a raised seal. Hospital certificates or photocopies won’t work. If you lost it, order a certified copy from the state where the child was born before you file.
Cook County checks the background of anyone seeking guardianship of a minor. This occurs after you file and typically takes 3 to 6 weeks.
The court checks criminal history and runs your name through the Child Abuse and Neglect Tracking System (CANTS). You can’t skip this. Anyone with access to the child gets screened.
If you have a criminal record or past DCFS involvement, talk to a lawyer before you file. Some issues mean you can’t serve as a guardian, while others might just need more explanation.
Illinois offers standardized forms for court documents. Using these forms reduces the likelihood that your petition will be rejected over a technicality.
The Minor Guardianship Help Desk at the Cook County courthouse assists individuals in completing these forms. They’ll even review your paperwork before you file to spot mistakes.
If you can’t afford a lawyer, you can get free help. The forms request specific information in specific fields, and even minor errors can cause delays.
The Circuit Court of Cook County has a process that begins with filing and culminates in the court issuing letters of guardianship. You’ll need to clear background checks, attend a hearing, and handle ongoing duties if appointed.
You begin by filing a petition for guardianship and the child’s birth certificate at the Circuit Court of Cook County.
The court conducts background checks on anyone who may become a guardian to identify any serious red flags.
The judge reviews your petition and sets a hearing date. Sometimes, the court appoints a Guardian Ad Litem to represent the child’s interests during the case.
If a parent objects to the entire guardianship, the court dismisses the petition. If the parent objects only to you as a guardian, the court holds a hearing to determine what’s best.
A routine guardianship case in Cook County usually takes one to two months from start to finish. The timeline depends on whether parents agree and on how quickly you complete background checks.
When the judge signs off, you file your bond and take an oath. The court then issues letters of guardianship, which allow you to make decisions for the child.
As a guardian, you become an officer of the court. This means you manage the child’s care, make school and medical choices, and look out for their well-being.
If you handle the child’s money or property, you must file regular reports with the court. You have to show how you’re managing the child’s finances and that you’re spending only for their benefit.
Guardianship keeps going until the child turns 18, the court ends it, or something major happens that changes your legal authority.
If you’re ready to get started, call us now!
Effective October 1, 2025, the Illinois Supreme Court eliminated filing and appearance fees in minor guardianship cases. That removes a big barrier for families.
You still need to plan for additional costs. Not everything is free.
The Illinois Supreme Court changed M.R. Order 29741 to eliminate filing fees for minor guardianship cases starting October 1, 2025. That means you won’t pay the usual court filing fee.
What this covers:
What this does not cover:
This fee change applies to minor guardianship proceedings in Illinois. If you’re filing in Cook County or anywhere else in Illinois, you benefit from it—no matter your income.
Even with no court filing fees, the total cost of guardianship isn’t a simple, fixed number. You’ll want to budget for other expenses that depend on your situation.
Attorney fees can be the highest cost. Rates swing a lot in Chicagoland, depending on the lawyer and the case. Some folks handle things themselves using resources like the Minor Guardianship Help Desk.
Other possible costs:
If you go the DIY route, take advantage of free help for self-represented petitioners in Illinois courts.
Guardianships aren’t always permanent. Illinois law outlines how guardianships can end and how parents can petition the court to regain custody.
Minor guardianship in Illinois ends automatically when the child turns 18. At that point, the child becomes a legal adult, and the guardian’s authority stops.
Guardianship also ends if the child marries before age 18, but the court must approve the marriage. Marriage gives the minor legal emancipation.
If the guardian dies, the guardianship ends unless the court picks a new guardian. If the ward dies, the guardianship ends—obviously a heartbreaking situation.
The court can end guardianship if circumstances change enough that it’s no longer needed. When things improve, the court might automatically terminate it.
Parents can file a Petition to Discharge to end a court-ordered guardianship of their minor child. This process means you’ll need to show the court that you’re now able to care for your child.
After you file your petition, the court schedules a hearing. You have to prove that ending the guardianship really serves your child’s best interests.
Starting a case to end guardianship means you’ll need to show that things have changed. Maybe you’ve got stable housing now, a steady job, or you finished a treatment program—whatever addressed the original reasons for guardianship.
The guardian may push back and present their own evidence, arguing that the guardianship should remain in place. The judge listens to both sides and then decides.
Key factors the court considers:
Protect your child’s care plan and avoid Cook County filing mistakes with a minor guardianship strategy. Schedule an appointment with Cooper Trachtenberg Law Group, LLC.
What is minor guardianship in Illinois?
In Illinois, minor guardianship is a probate court appointment that grants an adult legal authority to care for a child under 18 and, if needed, to manage the child’s property. The judge decides based on the child’s best interests.
What’s the difference between guardianship of the person and guardianship of the estate?
Guardianship of the person covers day-to-day decisions such as housing, schooling, and medical consent. Guardianship of the estate is limited to finances—handling money, property, and accounts for the child. Courts can appoint one or both roles.
What is short-term guardianship in Illinois, and how long does it last?
Short-term guardianship lets a parent appoint a caregiver in writing without court approval. It must be signed by at least two adult witnesses, including the short-term guardian. It’s effective immediately unless delayed, and lasts up to 365 days.
Can a living parent block a minor guardianship plan?
Yes, sometimes. For short-term guardianship, a parent generally cannot appoint one if the child has another living parent with intact rights who is known, willing, and able—unless that parent signs the appointment. Standby guardianship has similar jurisdiction limits.
What is standby guardianship in Illinois?
Standby guardianship is a court appointment for when a parent dies or becomes unable to make day-to-day care decisions. A parent may designate someone in writing, but the person is not appointed unless the court approves a petition.
Can a child choose their guardian in Illinois?
If the child is 14 or older, Illinois law allows the child to nominate a guardian for their person and estate, but the judge must approve the nomination. If the nominee is not approved or no nomination is made, the court appoints.
What do I need to file for minor guardianship in Cook County?
In Cook County, you generally file a petition, the child’s birth certificate, and consent to a background check. Self-represented petitioners can schedule an appointment with the Guardianship Assistance Desk for Minors at 69 W. Washington, Suite 1020.
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