Minors Guardianship Process

In Illinois, the only way to become a legal guardian is to be appointed by the court. The procedures for minors guardianship are set forth by law and include the following:

• Petition – we help our clients determine which type of petition for guardianship of a minor is needed, and draft and file all necessary paperwork to start the guardianship process.
• Notice – notice of the court date, time, and location must be sent to certain people, including the minor’s parents and current legal guardian, if applicable.
• Consent of Parents – if a minor’s parents consent to the guardianship, we will request the consent in writing to provide it to the court
• Guardian Qualifications – the person seeking to be appointed as guardian must be at least 18 years old, a resident of the United States, not convicted of a felony (with certain exceptions), and not found to be disabled by a court.
• Oath and Bond – the person seeking to be appointed as guardian will need to submit an oath and bond to the court.
• Court Reporting – a guardian of a minor’s estate will be responsible for ongoing reporting to the court regarding the management of the minor’s estate.

Guardianship of a Minor’s Person

If a minor’s parents or previously appointed guardian are unable or unwilling to care for the child, a petition for guardian of a minor can be filed to nominate a guardian of the person.  Guardianship of the person for a minor is necessary for a non-parent to make decisions a parent generally makes, like registering a minor in school and consenting to medical treatment.

Guardianship of a Minor’s Estate

If a child under age 18 inherits over $10,000.00 from a deceased parent or any other person or is receiving a personal injury settlement, a petition for guardianship of a minor should be filed to nominate a guardian of their estate.  A guardian of the estate must be appointed for the minor to receive their inheritance or settlement.  Even if the child has a willing and able parent, the court will require the appointment of a guardian of a minor’s estate.  Once the guardian of the estate is appointed by the court, the funds are deposited into a restricted bank account, which can either remain untouched until the child turns 18 or can be used for the child’s benefit, with the court’s oversight and authorization.