What Types of Child Guardianship Are There in Illinois?

 Posted on September 21, 2023 in Guardianship

Child guardianship is an arrangement where a court legally appoints one person or more to care for a child who is unable to be cared for by their parents. This can be due to a variety of reasons, such as parental death, disability, or abandonment.

There are three main types of child guardianship in Illinois:

• Plenary guardianship 

• Standby guardianship

• Short-term guardianship

Child guardianship can be a complex and emotional issue. However, with the help of an experienced attorney, you can navigate the process and ensure that the child's best interests are protected.

Plenary Guardianship

Plenary guardianship is the most comprehensive type of guardianship. The Probate Act of 1975, gives a guardian full authority to make decisions about a child's person and estate. When the court grants plenary guardianship, a guardian has the same rights and responsibilities as a parent. This includes decisions about a child's care and upbringing, such as where they will live, what school they will attend, and what medical care they will receive. The guardian also has the authority to manage a child's money and property.

Standby Guardianship

A standby guardian is a person entrusted to take on the role of a child’s guardian once a parent or legal guardian of the child is no longer able to do so. The parent or legal guardian of the child may fall ill, die, or live apart from the child for an extended period of time, warranting the need for a standby guardian. Standby guardianship can be a useful option for parents who are concerned about their ability to care for their child in the future. It can also be a good option for parents who are traveling or working abroad.

Short-term Guardianship

A short-term guardian is appointed by a parent or legal guardian to care for their child for a period of one year or less. There are many different reasons for needing a short-term guardian. Most commonly, a short-term guardian may be appointed when a parent or legal guardian is going to be out of the country for a while, when they are hospitalized, or when they are incarcerated.

Contact a DuPage County Guardianship Attorney

Guardians can be appointed by the court, nominated by a minor, or designated by a parent who has lost or given up their parental rights. To learn more on how to establish guardianship, you should consult with a skilled Naperville, IL guardianship attorney. The attorneys at the Davi Law Group can help navigate the complexities often associated with the guardianship process. Dial 630-657-5052 to set up a free in-person consultation.