Planning for Life
Guardianship for Minor Children in Illinois
If something happened to you, who would raise your children? In Illinois, you can answer that question ahead of time by naming a guardian for your minor children. This page explains how it works, what to think about when you choose, and how The Higher Law Firm helps Chicago parents put their choice in writing.
Choose a 15-minute or 60-minute session to begin.
ILLINOIS PROBATE ACT : STATUTORY DEFINITION
Who Would Raise Your Children?
It is one of the hardest questions a parent asks, and one of the easiest to put off. A guardian is the person a court appoints to care for a child when no parent can. In Illinois, the role can be split in two:
Guardianship of the Person
The adult who raises your child: where they live, how they are cared for, and how they are schooled.
Guardianship of the Estate
The person who manages money or property the child owns, under the court’s supervision.
You can name the same person for both, or different people. Naming them in advance means your children are cared for by someone you chose, and your family isn’t left to work it out in a hard moment.
How Naming a Guardian Works in Illinois
You name your choice in writing
A parent can name a guardian in a will or in another signed writing. The writing must be witnessed by two adults, and the person you name can’t be one of them. A will is the usual place, and our will lawyer in Chicago page explains how wills work.
A court makes the final appointment
The court looks at what is best for your child. Your written choice tells the court who you wanted.
The other parent’s rights stay the same
If your child’s other parent is living and able to care for them, your choice does not change that. Your nomination matters most when no parent can care for your child.
Older children may have a say
In Illinois, a child who is 14 or older can nominate their own guardian, subject to the court’s approval.
What Happens If You Don’t Name a Guardian
If no guardian is named, a court decides who raises your children. Relatives may disagree about who should, and the process can take time while your children wait. Naming someone ahead of time spares your family that uncertainty and gives the court clear direction from the person who knows your children best.
Choosing a Guardian for Your Children
There is no perfect answer, only the best fit for your family. Think about:
Values and parenting
Would they raise your children the way you would want?
Closeness
Do your children know and trust them?
Where they live
Would your children need to move, change schools, or leave friends?
Age and health
Can they take on children now and in the years ahead?
Finances and stability
Can they manage the added responsibility, and will your plan help with the cost?
Willingness
Have you asked them, and do they say yes?
Name a backup, too, in case your first choice can’t serve. Talk with your choices before you sign, and revisit the decision as your children and your family change.
A Guardian for Your Children, a Trustee for Their Inheritance
Money left directly to a young child usually needs court-supervised management until the child is an adult. Many parents instead leave an inheritance in a trust, with a trustee they choose to manage it and set when and how the children receive it. That keeps the person raising your children and the person managing their money separate, if you wish. Our trust attorney in Chicago page explains how a trust works.
Short-Term Guardians: Care for a Limited Time
Sometimes the need is temporary, such as a hospital stay or a long absence. Illinois also allows a parent to arrange short-term guardianship in Illinois, so a trusted adult can care for a child for a limited period. Ask your attorney whether it fits your family, and how it works alongside your plan.
How We Put Your Choice in Writing
We use The Higher Law Process™ for every plan:
01
Consult
Begin with a 15-minute introductory call or a 60-minute Higher Law Strategy Session™.
02
Discover
We learn about your children, your family, and who you are considering.
03
Design
Your attorney designs your plan: your guardian and backups, and how your children’s inheritance will be managed.
04
Draft
We prepare your documents and explain each one in plain language.
05
Sign
A guided signing, with the witnesses Illinois requires, makes sure each document is executed correctly.
06
Fund
Where your plan includes a trust, we help fund it so it works as intended.
07
Align
We revisit your plan as your family changes, because a plan is never finished at signing.
Guardian Nominations in Your Plan
We prepare guardian nominations as part of your estate plan. Will-based planning starts at $2,000 with our Life Plan, and trust-based planning starts at $4,500 with our Legacy Plan. Your attorney confirms what your plan includes and your price before any work begins. Both plans are part of our work as an estate planning attorney in Chicago.
Questions About Guardianship for Minor Children
Who can I name as a guardian for my child in Illinois?
You can name any adult you trust who is qualified to serve under Illinois law, and a court must approve the appointment. You can also name a backup, and different people to care for your child and to manage their money.
Do I have to name a guardian in a will?
No, but a will is the usual place. Illinois allows a parent to name a guardian in a will or in another signed writing witnessed by two adults, and many parents choose a will so the nomination sits with the rest of their plan.
Does the court have to follow my choice?
No. The court makes the final decision based on what is best for your child. Your written choice tells the court what you wanted, and it is an important part of what the court considers.
What if my child’s other parent is still living?
The other parent’s rights stay the same. If your child’s other parent is living and able to care for them, your nomination does not change that. It matters most when no parent can care for your child.
Can one person raise my children and another manage their money?
Yes. You can name a guardian to raise your children and a trustee or other person to manage their inheritance. Many parents separate the two roles on purpose.
How often should I update my guardian choice?
Review it whenever your life changes, such as a new child, a move, a divorce, or a change in your choice’s health or circumstances. We revisit it with you at the Align step of The Higher Law Process™.
Begin With Clarity
One conversation is enough to name the people who would care for your children and put your choice in writing.
Attorney advertising. The information on this website is general information, not legal advice. Contacting the firm does not create an attorney-client relationship.
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