IL risk area
Guardianship risk in Illinois
How courts appoint guardians for minors when no plan is in place.
Illinois courts appoint guardians of minors when it is in the child’s best interest, with parental nominations and minor nominations given statutory consideration.
At a glance
Key takeaways
- A parent may nominate a guardian in a will or other writing; the court may appoint if in the minor’s best interest.
- The court generally lacks jurisdiction if a living parent is willing and able to care for the minor, unless statutory exceptions apply.
- A minor age 14 or older may nominate a guardian, subject to court approval.
- Notice of the hearing is required for the minor (age 14+) and relatives listed in the petition.
Questions to consider
Questions this risk area helps you evaluate in Illinois
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Illinois courts appoint guardians of minors when it is in the child’s best interest, with parental nominations and minor nominations given statutory consideration.
- A parent may nominate a guardian in a will or other writing; the court may appoint if in the minor’s best interest.
- The court generally lacks jurisdiction if a living parent is willing and able to care for the minor, unless statutory exceptions apply.
- A minor age 14 or older may nominate a guardian, subject to court approval.
- Notice of the hearing is required for the minor (age 14+) and relatives listed in the petition.
- Older minors may nominate a guardian, subject to court approval.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Courts rely on best-interest findings when appointing a guardian.
- Notice and hearing requirements apply before appointment.
Sources
- https://codes.findlaw.com/il/chapter-755-estates/il-st-sect-755-5-11-5/
- https://codes.findlaw.com/il/chapter-755-estates/il-st-sect-755-5-11-10-1/
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Illinois.