How Do I Name a Guardian for My Minor Children in Illinois?

See how a parent names a guardian for their minor children in Illinois, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In Illinois, a parent names a guardian for a minor child in a will or a separate signed writing (755 ILCS 5/11-5(a-1), 11-5(a)). It needs your signature and 2 witnesses (18+). You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the nomination is one factor the court weighs in deciding the child's best interest (755 ILCS 5/11-5(a-1), 11-5(a)).

Yes. Illinois recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

Yes. Illinois allows a Short-term guardian (755 ILCS 5/11-5.4; 755 ILCS 5/11-13.2): any adult can be authorized for a limited time (up to 1 year) without transferring custody.

In Illinois, a child 14 or older may choose their guardian, subject to the court's approval (755 ILCS 5/11-5(c)).

Illinois sets out specific statutory bars to serving as a minor's guardian, and the court can also decline anyone it finds unsuitable. (755 ILCS 5/11-3; 755 ILCS 5/11-5(d))

Illinois Estate Planning Resources

In-depth guides covering Illinois probate laws, trust requirements, and estate planning strategies.