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Illinois Standby Guardian Law

A parent, adoptive parent, adjudicated parent whose rights have not been terminated, or legal guardian may designate a standby guardian.  Designation shall be in a written form and witnessed and signed by two people above the age of 18 years.

The designation shall be accompanied by a petition to be filed in court. The petition should contain example, the names and addresses of family members, details about the other parent’s consent, and any legal matters like adoption petitions or parentage disputes that could affect the guardianship.

The standby guardian must take an oath or affirmation that s/he will faithfully discharge the duties of guardianship.  The standby guardian is also required to file a bond once duties are assumed.  The standby guardian assumes duties upon occurrence of a triggering event which includes death, consent of the parent, or the inability of the parent to make day-to-day decisions.  When the triggering event occurs, the standby guardian should file the confirming documents and petition with the court within 60 days.

Illinois law is silent about concurrent authority of parent and stand by guardian over the child.  Designation of standby guardian does not affect the rights of the non-custodial parent.  Notice of hearing of guardianship should be served on the non-custodial parent also.  If the child has another living parent whose parental rights are not terminated and who is willing to carry out day to day child care decisions, opportunity to assume the custodial role should be given to that parent also.  A court of competent jurisdiction may limit or terminate the authority of a standby guardian.


Inside Illinois Standby Guardian Law