Rural Practice

The newsletter of the Rural Practice Section
July 2026 • Volume 3 • Number 1 • PDF icon PDF version (for best printing)

When and How to Seek Guardianship of a Minor in Illinois

By Sean Endres

Deciding whether to seek guardianship for a minor can range from straightforward to deeply emotional. In some cases, guardianship is pursued for a limited, practical reason, such as enabling a minor to receive funds from a probate estate or personal injury settlement. In others, it involves difficult questions about a child’s care, safety, and long-term well-being when parents are unavailable or unable to provide proper care.

In guardianship proceedings for a minor, Illinois courts ultimately consider whether the appointment is in the minor’s best interests.1 However, before appointing a guardian of the minor who is not the minor’s parent, Illinois courts must consider the superior rights of a parent to the care, custody, and control of their child.2 A guardianship will not be imposed over a parent’s objection unless the parent is unable or unwilling to care for the child.3

This article provides an overview of (1) what a guardianship for a minor is, (2) when it may be necessary, (3) the process for obtaining guardianship, and (4) the responsibilities that follow appointment.

What is a guardianship for a minor?

Under Illinois law, a minor is any person under the age of 18.4 Guardianship proceedings involving minors are governed primarily by the Illinois Probate Act.

Guardianship for minors generally falls into two categories:

Guardian of the Person

A guardian of the person is responsible for the minor’s day-to-day care and decision-making. This includes authority over:

  • Living arrangements
  • Education
  • Medical care
  • General welfare

This form of guardianship is often necessary when a child is living with someone other than a parent, such as a grandparent, aunt, uncle, or older sibling. Even if that family member is the primary caregiver, they typically lack legal authority to enroll the child in school, consent to medical treatment, or make other essential decisions without court-appointed guardianship. A guardian of the person is granted legal authority to make decisions for the minor, but parental rights are not necessarily terminated and may coexist depending on the circumstances.5

Guardian of the Estate

A guardian of the estate manages the minor’s financial affairs. This includes managing:

  • Bank accounts
  • Settlement proceeds
  • Inheritances
  • Investments or other property

In some circumstances, such as when a minor is a party to a lawsuit involving a substantial recovery or is entitled to a significant distribution from a probate estate, the minor must appear through a guardian or “next friend.”6 A minor typically cannot independently receive or manage a significant amount of financial assets.7 As a result, a guardian of the estate is commonly required when a minor is entitled to proceeds from a lawsuit, wrongful death claim, insurance payout, or probate estate.

Guardianship of the Estate and Person

In many cases, a petitioner seeks appointment as guardian of both the person and the estate. This is especially common where the guardian is acting in a parental role and financial assets are also involved.

When should you seek guardianship?

While every situation is unique, most minor guardianship cases fall into several common categories.

The Minor Has Received or Will Receive Funds or Assets

Guardianship is frequently required when a minor is entitled to money or property, such as:

  • Proceeds from a personal injury or wrongful death lawsuit
  • Distributions from a probate estate
  • Insurance payouts or structured settlements

A guardian, typically of the estate, is often required to act on the minor’s behalf if the minor is set to receive or manage financial assets.

Notably, even where a parent is alive and involved in the minor’s life, a guardianship of the estate may still be necessary to properly manage and distribute funds belonging to the minor.

The Parents Are Deceased

When both parents have passed away, a guardianship of the person is generally necessary to ensure that someone has legal authority to care for the child. In these cases, courts often give weight to family relationships and, where applicable, prior nominations by the parents.8

When both parents of a minor are deceased, family members are often faced with an important threshold decision: whether to pursue guardianship or adoption. While both provide a mechanism for caring for the child, they differ significantly in legal effect, permanence, and procedure.

Guardianship is generally intended to provide a legal caretaker for the minor without permanently altering the child’s legal relationships. A guardian is appointed by the probate court and assumes responsibility for the child’s care and decision-making. However, the child’s legal identity and familial relationships remain unchanged.9 Guardianship is also subject to ongoing court supervision, including annual reporting requirements, and may be modified or terminated if circumstances change.10

Adoption, by contrast, is permanent and creates a new legal parent-child relationship.11 Once an adoption is finalized, the adoptive parent assumes all rights and responsibilities of a natural parent, and the legal relationship with the child’s biological parents is terminated.12 Adoption proceedings are governed by a different statutory framework and typically involve more extensive procedural requirements, including background checks, home studies, and, in some cases, termination of parental rights proceedings (if not already resolved).13

The Parents Are Unable or Unfit to Care for the Child

Guardianship may also be appropriate where parents are:

  • Incapacitated
  • Struggling with substance abuse
  • Incarcerated
  • Otherwise unable to provide proper care

These cases can be sensitive and, at times, contested. The court must determine whether removing decision-making authority from a parent and giving it to someone else is in the child’s best interests. Although not always, these cases are often contested, as the parents of the child can appear in court and argue that they are still fit to take care of the child. In situations where there is drug abuse or a temporary inability to parent a child, the court will appoint a guardian of the minor while also giving the parent an opportunity in the future to prove to the court that they can parent their child and that guardianship is no longer necessary. These cases often involve significant emotional and financial considerations.

The Child Is Living with a Non-Parent Caregiver

It is increasingly common for minors to reside with extended family members or other caregivers. Even in cooperative situations, legal guardianship may be necessary to:

  • Enroll the child in school
  • Authorize medical treatment
  • Access public benefits or services

Without formal guardianship, caregivers may encounter significant legal and practical barriers when attempting to act on the child’s behalf. Institutions often require legal authority before allowing non-parents to make decisions. However, in these situations it is likely that the parent is either no longer involved in the child’s life or is no longer safe for the child to be around. In these situations, asking the parent to accompany the child to doctors’ appointments or school visits is not in the best interest of the child. Therefore, the current caregiver would need to be appointed as the guardian of the child so that they have the necessary authority to enroll the child in school or take the child to a doctor.14

Parental Consent Situations

Not all guardianship cases are adversarial. In many instances, parents may consent to the appointment of a guardian, particularly where the arrangement is temporary or intended to provide stability for the child. As will be discussed later in this article, parent consent to a guardianship can save you a lot of time and money as the guardianship will not be contested.

The guardianship process in Illinois

Although procedures can vary slightly by county, the general process for obtaining guardianship of a minor is relatively consistent across Illinois.

Filing the Petition

The process begins with the filing of a Petition for Guardianship of a Minor.15 The petition must include:

  • The identity of the minor and their age
  • The names and addresses of the parents and the minor’s closest adult relatives
  • The identity of the proposed guardian
  • The type of guardianship sought (person, estate, or both)
  • The reasons why guardianship is necessary

The petitioner must also file an Oath of Office, affirming their willingness to fulfill the duties of a guardian.

Notice Requirements

Proper notice is a critical component of the process.

Notice must generally be provided to:

  • The minor’s parents
  • The minor’s nearest adult relatives
  • Any person with physical custody of the minor
  • The minor, if age 14 or older

Notice must typically be sent not less than 30 days before the court hearing. Failure to comply with notice requirements can delay or invalidate the proceedings.16

Bond (for Guardianship of the Estate)

If the petitioner seeks guardianship of the estate, they must obtain a bond. The bond serves as a financial safeguard to protect the minor’s assets from mismanagement or misuse.

The bond amount is typically tied to the value of the minor’s personal property and may vary depending on whether a surety bond is involved.

Supporting Documents

While not always required, the following documents can significantly streamline the process:

  • Parental consents, indicating agreement with the guardianship
  • Nomination by the minor (if age 14 or older), expressing their preference for a guardian

Where consents are provided, the case is often uncontested and proceeds more efficiently because the judge may not require a guardian ad litem be appointed to investigate the situation, saving you a significant amount of time and money.

Court Hearing

At the hearing, the petitioner must demonstrate that:

  • Guardianship is necessary; and
  • Appointment of the proposed guardian is in the minor’s best interests

In uncontested cases, this may be a relatively brief proceeding. If the guardianship is contested, meaning that a party appears in court and objects to the guardianship, don’t expect to have to plead your entire case to the judge and have a judgment entered that very same day. If the guardianship is contested, the judge will want to know why you believe guardianship is necessary and why the objecting party is objecting to the guardianship. Once all parties have been heard, the judge may appoint a guardian ad litem to further investigate the matter. The guardian ad litem will perform their investigation and then report their findings to the court. While the guardian ad litem report is not the sole deciding factor in guardianship cases, the guardian ad litem report can carry significant weight in the judge’s decision. Accordingly, the parties should be prepared to present information to the guardian ad litem regarding why the guardianship is necessary and in the minor’s best interests.

Contested guardianships and guardian ad litem

The people that you gave notice to, including the parents of the minor, nearest adult relatives of the minor, and the person who has physical custody of the minor, may appear to contest the petition for guardianship. If the guardianship is contested, the court will typically appoint a guardian ad litem (GAL).17

The GAL’s role is to investigate and make a recommendation to the court. This may include:

  • Interviewing the child, parents, and proposed guardian
  • Observing living conditions
  • Reviewing relevant records

The GAL submits a report advising the court on whether guardianship is appropriate and, if so, who should serve.

In some cases, the court may also appoint a temporary guardian for up to 60 days while the matter is pending.18

What happens after appointment?

Once appointed, a guardian assumes significant legal responsibilities. However, ongoing court involvement is generally limited to periodic reporting.

Authority of the Guardian

A duly appointed guardian receives Letters of Office, which serve as proof of authority. These documents allow the guardian to act on behalf of the minor in dealings with:

  • Schools
  • Medical providers
  • Financial institutions
  • Government agencies

Duties of a Guardian of the Person

A guardian of the person must act in the minor’s best interests and provide for their care, including:

  • Maintaining appropriate living arrangements
  • Ensuring access to education
  • Overseeing medical and mental health care

The guardian is subject to ongoing court supervision and is typically required to file periodic, usually annual, reports regarding the minor’s condition.19

Duties of a Guardian of the Estate

A guardian of the estate has fiduciary obligations and must manage the minor’s assets prudently.

Key responsibilities include:

  • Safeguarding all financial assets
  • Keeping detailed records of income and expenditures
  • Using funds solely for the benefit of the minor

The guardian of the estate is also subject to ongoing court supervision and is typically required to file an annual accounting, summarizing all the minor’s financial activity.20 Through the annual accounting, the guardian must prove they have managed the minor’s financial assets prudently and in a fiduciary capacity. Id. Supporting documentation, such as receipts and account statements, should be maintained throughout the guardianship and used for the annual accounting.

Duration of Guardianship

Guardianship of a minor typically terminates when the minor turns 18, at which point they gain full legal control over their person and property.21

However, the court may terminate or modify guardianship earlier if circumstances change.

Key considerations for practitioners

For attorneys handling minor guardianship matters, several practical points are worth noting:

  • Preparation is critical: Properly completed petitions, timely notice, and supporting documentation can significantly expedite the process.
  • Expect emotional dynamics: Even uncontested cases can involve sensitive family issues.
  • Focus on the best interests standard: Courts are less concerned with technical arguments and more focused on the child’s welfare.
  • Advise clients on ongoing obligations: Many new guardians are unaware of annual reporting and accounting requirements.

Conclusion

Guardianship of a minor serves an essential function in Illinois law, providing a legal mechanism to protect children when parents are unavailable, unable to care for their children, or when financial assets must be managed on a child’s behalf.

While some cases are straightforward, others involve complex family dynamics and significant emotional considerations. In all cases, the court’s focus remains the same: ensuring that any decision made serves the best interests of the minor.

For practitioners, understanding both the procedural requirements and the human elements of guardianship cases is key to effectively guiding clients through the process.

Sean Endres is an associate attorney currently working with Roberts & Caruso. Originally from the State of Michigan, Sean graduated from The University of Iowa College of Law in 2025 and began his legal career in 2025. His practice consists mainly of probate litigation. He is a licensed attorney in Illinois and Michigan.

1. See, e.g., 755 ILCS 5/11-13(b); In re R.L.S., 218 Ill. 2d 428, 844 N.E.2d 22 (2006).

2. See id.

3. See id.

4. 755 ILCS 5/11-1.

5. See In re R.L.S., 218 Ill. 2d 428, 844 N.E.2d 22 (2006).

6. 735 ILCS 5/2-1008(1)(c).

7. 755 ILCS 5/11-18; 755 ILCS 5/11-13(a).

8. 755 ILCS 5/11-5(a); 755 ILCS 5/11-5(b).

9. 755 ILCS 5/11-13(a).

10. 755 ILCS 5/11-14.1(a).

11. 750 ILCS 50/17.

12. Id.

13. 750 ILCS 50/6.

14. 755 ILCS 5/11-13(a).

15. 755 ILCS 5/11-5(a).

16. 755 ILCS 5/11-10.1(a).

17. 755 ILCS 5/11-10.1(b).

18. 755 ILCS 5/11-5(b).

19. See 755 ILCS 5/11-13.

20. 755 ILCS 5/24-11.

21. 755 ILCS 5/11-14.1.

This article was originally published in Child Law (May 2026, Vol. 38, No. 3), the newsletter of ISBA’s Section on Child Law.

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