How long does a temporary guardianship of a minor last in Illinois?

Illinois does not have a separate emergency or ex parte guardianship petition for a minor. The closest option is a standby guardian who was appointed by the court in advance: once the parent becomes unavailable, the standby guardian may act on their own authority for up to 60 days before a full guardianship petition must be filed.

What form do I file for guardianship of a minor in Illinois?

File the statewide Petition for Guardianship of a Minor, form 1601.1, approved in November 2025, which every Illinois circuit court must accept. A companion Order Appointing Plenary Guardian of Minor, form 1614.1, is used for the court's order. Check the version the local circuit court clerk provides, since the court's form controls.

Does a parent have to agree to a guardianship of their child in Illinois?

Generally yes, if the parent is available and willing to care for the child. Illinois law presumes a parent is able to make day to day decisions, and the court cannot appoint a guardian over that parent's objection unless the parent relinquished custody, was notified and did not object at the hearing, consented in a notarized writing or in open court, or is unreachable because of an administrative separation.

Does guardianship of a minor end a parent's rights in Illinois?

No. A guardianship does not terminate a parent's parental rights and is not the same as adoption. A parent may later petition to end the guardianship, and the court must end it if the parent proves a material change in circumstances, unless the guardian then proves that ending it would work against the child's best interest.

Who has to be notified before an Illinois guardianship of a minor hearing?

The minor, if 14 or older, along with the relatives and any short-term guardian named in the petition, must be given notice not less than 7 days before the hearing, unless the court excuses notice for good cause.

Who is disqualified from serving as guardian of a minor in Illinois?

A person convicted of a felony involving harm or threat to a child, including a felony sexual offense, cannot be appointed. Any other felony conviction requires the court to weigh the offense, its date, and evidence of rehabilitation against the child's best interest before appointing that person.

Is there a filing fee for a guardianship of a minor petition in Illinois?

No. Effective October 1, 2025, Illinois moved minor guardianship cases to a fee schedule that set both the filing fee and the appearance fee to $0 statewide.

Is there a faster, out of court option for guardianship of a minor in Illinois?

A living, adoptive, or adjudicated parent, or an existing guardian of the person, can sign a short-term guardian appointment: a witnessed private document giving someone person-only authority for up to 365 days, or longer for a parent in active military service (the term of active duty plus 30 days), with one renewal of another 365 days if an administrative separation is still in effect. A relative cannot sign it alone. That document is not filed with or approved by a court, and it is a different instrument from a court-ordered guardianship, so it does not work when no one with authority is available to sign or when estate authority is needed.

What if the child is in danger right now in Illinois?

Contact the Illinois Department of Children and Family Services, and consider an order of protection through the courts. A guardianship petition is not an emergency safety measure and takes time to process.

What if the disagreement is between the child's own parents in Illinois?

A guardianship petition is not the right tool for a dispute between a child's own parents. That situation is handled through a child custody agreement or parenting plan, not a guardianship of a minor.

Illinois Guardianship of a Minor Petition

Illinois has no ex parte emergency guardianship petition for a minor; a standby guardian appointed in advance may act on their own authority for up to 60 days, and the new statewide Petition for Guardianship of a Minor, form 1601.1, must be accepted in every circuit court.

Find out where you stand in Illinois

Where are you with the guardianship?

DocDraft provides document preparation, not legal advice.

Introduction

In Illinois, a person who wants court authority to care for a child whose parents cannot currently do so files a Petition for Guardianship of a Minor in the Circuit Court of the county where the minor resides, and in Cook County the Probate Division hears it. Since November 2025, every Illinois circuit court must accept the statewide Petition for Guardianship of a Minor, form 1601.1, along with a companion Order Appointing Plenary Guardian of Minor, form 1614.1; the court's version of the form controls. Illinois has no separate ex parte or emergency guardianship petition for a minor. The closest bridge is the standby guardian: a parent can have a court appoint a standby guardian in advance, and once the parent becomes unavailable, that standby guardian may act on their own authority for up to 60 days before a full guardianship petition must be filed. Guardianship of a minor does not terminate a parent's parental rights, and the court decides based on the minor's best interest. Attorney review is available before you file.

Key Things to Know

1
The petition is filed in the Circuit Court of the county where the minor resides, and in Cook County the Probate Division hears it, using the statewide Petition for Guardianship of a Minor, form 1601.1, approved in November 2025, which every Illinois circuit court must accept; the court's version of the form controls.
2
Illinois has no separate ex parte or emergency guardianship petition for a minor. A standby guardian appointed by the court in advance may act on their own authority for up to 60 days once the parent becomes unavailable, before a full guardianship petition must be filed; with no advance planning, a private short-term guardian appointment is the only same-day option.
3
Notice of the hearing must be given to the minor if the minor is 14 or older, plus the relatives and any short-term guardian named in the petition, not less than 7 days before the hearing, unless the court excuses notice for good cause.
4
The court cannot appoint a guardian over an available, willing parent's objection unless the parent relinquished custody, was notified and did not object at the hearing, consented in a notarized writing or in open court, or is unreachable because of an administrative separation.
5
A proposed guardian convicted of a felony involving harm or threat to a child, including a felony sexual offense, cannot be appointed. A guardian ad litem may be appointed to represent the minor, but that appointment is discretionary, not automatic.
6
A guardian of the minor's estate must post bond of not less than double the value of the minor's personal estate with individual sureties, or not less than 1.5 times that value with a surety company, unless a will or written designation excuses bond; a guardian of the person only has no automatic bond requirement, and the court may waive bond for a guardian of the person or a standby guardian.
7
Guardianship of a minor does not terminate a parent's parental rights. A parent may later petition to end the guardianship, and it ends automatically when the minor turns 18. Effective October 1, 2025, Illinois also eliminated the statewide filing and appearance fee for these cases.

Key decisions before you file

Before you file a Guardianship of a Minor Petition in Illinois, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.

Open the Guardianship of a Minor Petition guide

Customize your Guardianship of a Minor Petition Template with DocDraft

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ILLINOIS

IN THE MATTER OF THE GUARDIANSHIP OF [MINOR'S FULL NAME], a minor

Case No. [CASE NUMBER]

PETITION FOR APPOINTMENT OF GUARDIAN OF A MINOR (Prepared to accompany Illinois statewide form 1601.1, Petition for Guardianship of a Minor; the court's form controls)

Petitioner, [PETITIONER'S FULL NAME], residing at [PETITIONER'S ADDRESS], respectfully petitions the Court as follows:

PETITIONER'S RELATIONSHIP TO THE MINOR. Petitioner is the minor's [RELATIONSHIP TO THE MINOR, SUCH AS GRANDPARENT, AUNT, UNCLE, ADULT SIBLING, OR FAMILY FRIEND].
THE MINOR. The minor is [MINOR'S FULL NAME], born [MINOR'S DATE OF BIRTH], currently residing at [MINOR'S CURRENT ADDRESS] in the care of [CURRENT CAREGIVER, IF NOT PETITIONER].
THE MINOR'S PARENTS. The minor's parents are [MOTHER'S FULL NAME], residing at [MOTHER'S ADDRESS OR ADDRESS UNKNOWN], and [FATHER'S FULL NAME], residing at [FATHER'S ADDRESS OR ADDRESS UNKNOWN]. Each parent's status: [FOR EACH PARENT, WHETHER THE PARENT IS DECEASED, HAS CONSENTED IN A NOTARIZED WRITING ATTACHED TO THIS PETITION, HAS VOLUNTARILY RELINQUISHED CUSTODY, IS UNREACHABLE BECAUSE OF AN ADMINISTRATIVE SEPARATION, OR WILL RECEIVE NOTICE OF THE HEARING].
SHORT-TERM OR STANDBY GUARDIAN. Any short-term guardian appointed for the minor, and any standby guardian previously appointed by the Court: [NAME, DATE OF APPOINTMENT, AND REASON FOR EACH SUCH APPOINTMENT, OR NONE].
WHY A GUARDIAN IS NEEDED. [EXPLANATION OF WHY THE MINOR'S PARENTS CANNOT CURRENTLY CARE FOR THE MINOR AND WHY APPOINTMENT OF A GUARDIAN IS IN THE MINOR'S BEST INTEREST].
PROPOSED GUARDIAN. Petitioner proposes that [PROPOSED GUARDIAN'S FULL NAME], residing at [PROPOSED GUARDIAN'S ADDRESS], be appointed guardian of the minor's [PERSON, ESTATE, OR BOTH THE PERSON AND ESTATE]. The proposed guardian has not been convicted of a felony involving harm or threat to a child. Any other felony conviction of the proposed guardian, with its date and evidence of rehabilitation: [DESCRIPTION OF EACH CONVICTION, ITS DATE, AND EVIDENCE OF REHABILITATION, OR NONE].
THE MINOR'S ESTATE. The minor's property and its estimated value: [DESCRIPTION AND ESTIMATED VALUE OF THE MINOR'S PROPERTY, OR NONE].
NOMINATION BY THE MINOR. The minor is [AGE] years old. Any guardian nominated by a minor 14 years of age or older, subject to the Court's approval: [NAME OF NOMINEE, OR NONE].
BOND. Petitioner [ASKS THE COURT TO SET BOND FOR A GUARDIAN OF THE ESTATE UNDER 755 ILCS 5/12-2 AND 12-5, IDENTIFIES THE WILL OR WRITTEN DESIGNATION EXCUSING BOND UNDER 755 ILCS 5/12-4, OR ASKS THE COURT TO WAIVE BOND FOR A GUARDIAN OF THE PERSON ONLY UNDER 755 ILCS 5/12-2(a)], for the following reason: [REASON].
RELIEF REQUESTED. Petitioner asks the Court to appoint [PROPOSED GUARDIAN'S FULL NAME] as guardian of the [PERSON, ESTATE, OR BOTH THE PERSON AND ESTATE] of [MINOR'S FULL NAME], and for any other relief the Court finds appropriate.

VERIFICATION

Under penalties as provided by law, the undersigned certifies that the statements in this petition are true and correct, except as to matters stated to be on information and belief, and as to such matters, the undersigned certifies that the undersigned believes the same to be true.

[PETITIONER'S SIGNATURE] [PETITIONER'S PRINTED NAME] Date: [DATE] [PETITIONER'S PHONE NUMBER] [PETITIONER'S EMAIL ADDRESS]

Illinois Requirements for Guardianship of a Minor Petition

Circuit Court Venue and the Statewide Petition Form
The petition is filed in the Circuit Court of the county where the minor resides, using the statewide Petition for Guardianship of a Minor, form 1601.1, approved November 2025, which every Illinois circuit court must accept (755 ILCS 5/11-5, 11-6).
No Ex Parte Emergency Guardianship for a Minor
Illinois has no separate emergency or ex parte guardianship petition for a minor. A standby guardian appointed by the court in advance may act on their own authority for up to 60 days after the parent becomes unavailable, then must file a full petition (755 ILCS 5/11-13.1(b)-(c)).
Notice to Relatives and to a Minor Age 14 or Older
Notice of the hearing must be given to the minor if 14 or older, plus the relatives and any short-term guardian named in the petition, not less than 7 days before the hearing, unless the court excuses notice for good cause (755 ILCS 5/11-10.1(a)).
A Parent's Objection Is a Jurisdictional Bar
The court cannot appoint a guardian over an available, willing parent's objection unless the parent relinquished custody, was notified and did not object at the hearing, consented in a notarized writing or in open court, or is unreachable because of an administrative separation (755 ILCS 5/11-5(b)-(c), 11-10.1(a)).
Felony Disqualification for a Proposed Guardian
A person convicted of a felony involving harm or threat to a child, including a felony sexual offense, cannot be appointed guardian; any other felony conviction requires a best interest finding by the court (755 ILCS 5/11-3(a)(5)).
Bond for a Guardian of the Estate
A guardian of the minor's estate must post bond of not less than double the value of the minor's personal estate with individual sureties, or not less than 1.5 times that value with a surety company, before acting, unless a will or written designation excuses bond; the court may waive bond for a guardian of the person or a standby guardian (755 ILCS 5/12-2, 12-4, 12-5, 11-13).
A Parent May Petition to End the Guardianship
A living, adoptive, or adjudicated parent whose rights have not been terminated may petition to end the guardianship. The court must terminate it if the parent proves a material change in circumstances, unless the guardian proves that ending it would work against the child's best interest (755 ILCS 5/11-14.1).
Petition Must Elect Person, Estate, or Both, and Address Bond
The petition must state whether the proposed guardian will have authority over the minor's person, estate, or both, and either request the court set bond for a guardian of the estate, identify a will or written designation that excuses bond, or request a bond waiver for a guardian of the person only.

Find out where you stand in Illinois

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

Illinois Requirements for Guardianship of a Minor Petition

Circuit Court Venue and the Statewide Petition Form

No Ex Parte Emergency Guardianship for a Minor

Notice to Relatives and to a Minor Age 14 or Older

A Parent's Objection Is a Jurisdictional Bar

Felony Disqualification for a Proposed Guardian

Bond for a Guardian of the Estate

A Parent May Petition to End the Guardianship

Petition Must Elect Person, Estate, or Both, and Address Bond

Frequently Asked Questions