Guardianship for a Child in Illinois | AKL Legal, LLC Grayslake Family Law Attorneys
At AKL Legal, LLC in Grayslake, we know that nothing matters more than a child’s safety and stability. But what happens if a parent is unable—or unavailable—to provide daily care? This is where child guardianship in Illinois comes in. Guardianship gives a trusted adult the legal authority to step in, provide care, and make important decisions about education, healthcare, and everyday needs.
Unlike adoption, guardianship does not permanently terminate parental rights. Instead, it ensures that children are cared for until parents can safely resume their role or until the child turns 18.
When Guardianship May Be Needed
Guardianship becomes necessary when parents cannot care for their child due to:
Long-term illness or incapacity
Incarceration
Death of one or both parents
Military deployment or immigration issues
Voluntary absence where the parent does not return
Without guardianship, even well-meaning relatives or friends may be unable to make medical, educational, or financial decisions for the child.
Guardianship Roles in Illinois
There are two types of guardianship responsibilities:
Guardian of the Person – Handles the child’s daily care, education, and healthcare decisions.
Guardian of the Estate – Manages the child’s property, money, or inheritance.
Sometimes, one person may serve in both roles. In other cases, responsibilities are divided.
Petitioning for Guardianship
To establish guardianship, an adult must file a Petition for Guardianship of a Minor in court. Illinois law requires petitioners to be at least 18, of sound mind, a U.S. resident, and free of felony convictions involving harm to children.
Courts also notify parents (and children 14 or older) of the petition, giving them a chance to support or oppose the request.
Types of Guardianships in Illinois
Plenary Guardianship
Long-term guardianship ordered by a judge.
Common when parents are deceased, incarcerated, deported, or unable to provide care.
Standby Guardianship
Chosen by a parent to step in if they pass away, become seriously ill, or cannot care for the child.
Requires a written designation, not a court order.
Short-Term Guardianship
Temporary guardianship for situations like military deployment.
Lasts up to one year and requires written, witnessed documentation.
Children Over 14 Have a Say
Illinois law allows children age 14 or older to provide input on who should be their guardian. Judges and Guardian ad Litems often consider the child’s wishes when making decisions, especially if multiple adults are petitioning.
Why Legal Guidance Matters
Petitioning for guardianship is a deeply emotional and complex legal process. At AKL Legal, LLC, our experienced Lake County guardianship attorneys guide families step-by-step, ensuring children are protected and their best interests come first.
Contact us today to schedule a free consultation and learn how we can help secure a safe future for your child. 847-262-9888
