(755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5)
Sec. 11-5. Appointment of guardian.
(a) Upon the filing of a petition for the appointment of a guardian or on
its own motion, the court may appoint a guardian of the estate or of both the
person and estate, of a minor, or may appoint a guardian of the person only of
a minor or minors, as the court finds to be in the best interest of the minor
or minors.
(a-1) A parent, adoptive parent or adjudicated parent, whose parental rights
have not been terminated, may designate in any writing, including a will, a
person qualified to act under Section 11-3 to be appointed as guardian of
the person or estate, or both, of an unmarried minor or of a child likely to be
born. A parent, adoptive parent or adjudicated parent, whose parental rights
have not been terminated, or a guardian or a standby guardian of an unmarried
minor or of a child likely to be born may designate in any writing, including a
will, a person qualified to act under Section 11-3 to be appointed as successor
guardian of the minor's person or estate, or both. The designation must be
witnessed by 2 or more credible witnesses at least 18 years of age, neither of
whom is the person designated as the guardian. The designation may be proved
by any competent evidence. If the designation is executed and attested in the
same manner as a will, it shall have prima facie validity. The designation of a
guardian or successor guardian does not affect the rights of the other parent
in the minor.
(b) The court lacks jurisdiction to proceed on a petition for the
appointment of a guardian of a minor if it finds that (i) the minor has a living parent,
adoptive parent or adjudicated parent, whose parental rights have not been
terminated, whose whereabouts are known, and who is willing and able to make
and carry out day-to-day child care decisions concerning the minor, unless: (1) the
parent or parents voluntarily relinquished physical custody of the minor; (2) after receiving notice of the
hearing under Section 11-10.1, the parent or parents fail to object to the appointment at the
hearing on the petition; (3) the parent or parents consent to the appointment as evidenced by a written document that has been notarized and dated, or by a personal appearance and consent in open court; or (4) the parent or parents, due to an administrative separation, are unable to give consent to the appointment in person or by a notarized, written document as evidenced by a sworn affidavit submitted by the petitioner describing the parent's or parents' inability to receive notice or give consent; or (ii) there is a guardian for the minor appointed by
a court of competent jurisdiction. There shall be a rebuttable presumption
that a parent of a minor is willing and able to make and carry out
day-to-day child care decisions concerning the minor, but the presumption may
be rebutted by a preponderance of the evidence. If a short-term guardian has been appointed for the minor prior to the filing of the petition and the petitioner for guardianship is not the short-term guardian, there shall be a rebuttable presumption that it is in the best interest of the minor to remain in the care of the short-term guardian. The petitioner shall have the burden of proving by a preponderance of the evidence that it is not in the child's best interest to remain with the short-term guardian.
(b-1) If the court finds the appointment of a guardian of the minor to be
in the best interest of the minor, and if a standby guardian has previously
been appointed for the minor under Section 11-5.3, the court shall appoint the
standby guardian as the guardian of the person or estate, or both, of the minor
unless the court finds, upon good cause shown, that the appointment would no
longer be in the best interest of the minor.
(b-2) No petition for the appointment of a guardian of a minor shall be filed if the primary purpose of the filing is to reduce the financial resources available to the minor in order to cause the minor to qualify for public or private financial assistance from an educational institution. The court may deny the petition if it finds by a preponderance of the evidence that the primary purpose of the filing is to enable the minor to declare financial independence so that the minor may obtain public or private financial assistance from an educational institution or a State or federal student financial aid program. (c) If the minor is 14 years of age or more, the minor may nominate the
guardian of the minor's person and estate, subject to approval of the court. If
the minor's nominee is not approved by the court or if, after notice to the minor, the minor fails to nominate a
guardian of the minor's person or estate, the court may appoint the guardian
without nomination.
(d) The court shall not appoint as guardian of the person of the minor any
person whom the court has determined had caused or substantially contributed to
the minor becoming a neglected or abused minor as defined in the Juvenile Court
Act of 1987, unless 2 years have elapsed since the last proven incident of abuse
or neglect and the court determines that appointment of such person as guardian
is in the best interests of the minor.
(e) Previous statements made by the minor relating to any allegations
that the minor is an abused or neglected child within the meaning of the
Abused and Neglected Child Reporting Act, or an abused or neglected minor
within the meaning of the Juvenile Court Act of 1987, shall be admissible
in evidence in a hearing concerning appointment of a guardian of the person
or estate of the minor. No such statement, however, if uncorroborated and
not subject to cross-examination, shall be sufficient in itself to support
a finding of abuse or neglect.
(Source: P.A. 103-475, eff. 1-1-24 .)
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(755 ILCS 5/11-5.3)
Sec. 11-5.3. Appointment of standby guardian.
(a) A parent, adoptive parent, or adjudicated parent whose parental
rights
have not been terminated,
or the guardian of the person of a minor
may designate in any writing, including a will, a
person qualified to act under Section 11-3 to be appointed as standby
guardian of the person or estate, or both, of an unmarried minor or of a child
likely to be born. A parent, adoptive parent, or adjudicated parent
whose
parental rights have not been terminated,
or the guardian of the person of a minor
or a standby guardian of an unmarried
minor or of a child likely to be born may designate in any writing, including a
will, a person qualified to act under Section 11-3 to be appointed as successor
standby guardian of the minor's person or estate, or both. The designation must
be witnessed by 2 or more credible witnesses at least 18 years of age, neither
of whom is the person designated as the standby guardian. The designation may
be proved by any competent evidence. If the designation is executed and
attested in the same manner as a will, it shall have prima facie validity.
The designation of a standby guardian or successor standby guardian does not
affect the rights of the other parent in the minor.
(b) Upon the filing of a petition for the appointment of a standby guardian,
the court may appoint a standby guardian of the person or estate, or both, of a
minor as the court finds to be in the best interest of the minor.
(c) The court lacks jurisdiction to proceed on a petition for the
appointment of a standby guardian of a minor if the minor has a living
parent, adoptive parent or adjudicated parent, whose parental rights have not
been terminated, whose whereabouts are known, and who is willing and able to
make and carry out day-to-day child care decisions concerning the minor, unless
the parent or parents: (1) consent to the appointment; (2) after receiving notice of
the hearing under Section 11-10.1, fail to object to the appointment at the
hearing on the petition; or (3) due to an administrative separation, are unable to give consent to the appointment in person or by a notarized, written document as evidenced by a sworn affidavit submitted by the petitioner describing the parent's or parents' inability to receive notice or give consent.
There shall be a rebuttable presumption
that a parent of a minor is willing and able to make and carry out
day-to-day child care decisions concerning the minor, but the presumption may
be rebutted by a preponderance of the evidence.
(d) The standby guardian shall take and file an oath or
affirmation that the standby guardian will faithfully discharge the duties
of the office of standby guardian according to law, and shall file in and have
approved by the court a bond binding the standby guardian so to do, but shall
not be required to file a bond until the standby guardian assumes all duties as
guardian of the minor under Section 11-13.1.
(e) The designation of a standby guardian may, but need not, be in the
following form:
DESIGNATION OF STANDBY GUARDIAN
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
A standby guardian is someone who has been appointed by the court as the
person who will act as guardian of the child when the child's parents or the
guardian of the person of the child
die or
are no longer willing or able to make and carry out day-to-day child care
decisions concerning the child. By properly completing this form, a parent or
the guardian of the person of the child
is naming the person that the parent or the
guardian
wants to be appointed as the standby guardian
of the child or children. Both parents of a child may join
together and co-sign this form. Signing the form does not appoint the standby
guardian; to be appointed, a petition must be filed in and approved by the
court.]
1. Parent (or guardian) and Children. I, (insert name |
| of designating parent or guardian), currently residing at (insert address of designating parent or guardian), am a parent (or the guardian of the person) of the following child or children (or of a child likely to be born): (insert name and date of birth of each child, or insert the words "not yet born" to designate a standby guardian for a child likely to be born and the child's expected date of birth).
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2. Standby Guardian. I hereby designate the
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| following person to be appointed as standby guardian for the child or children listed above (insert name and address of person designated).
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3. Successor Standby Guardian. If the person named
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| in item 2 above cannot or will not act as standby guardian, I designate the following person to be appointed as successor standby guardian for the child or children: (insert name and address of person designated).
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4. Date and Signature. This designation is made this
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| (insert day) day of (insert month and year).
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Signed: (designating parent or guardian)
5. Witnesses. I saw the parent (or the guardian of
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| the person of the child) sign this designation or the parent (or the guardian of the person of the child) told me that (he or she) signed this designation. Then I signed the designation as a witness in the presence of the parent (or the guardian). I am not designated in this instrument to act as a standby guardian for the child or children. (insert space for names, addresses, and signatures of 2 witnesses).
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(Source: P.A. 101-120, eff. 7-23-19.)
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(755 ILCS 5/11-5.4)
Sec. 11-5.4. Short-term guardian.
(a) A parent, adoptive parent, or adjudicated parent whose parental
rights
have not been terminated,
or the guardian of the person of a minor
may appoint in writing, without court approval, a
short-term guardian of an unmarried minor or a child likely to be born. The
written instrument appointing a short-term guardian shall be dated and shall
identify the appointing parent
or guardian,
the minor, and the person appointed to be the
short-term guardian. The written instrument shall be signed by, or at the
direction of, the appointing parent in the presence of at least 2 credible
witnesses at least 18 years of age, neither of whom is the person appointed as
the short-term guardian. The person appointed as the short-term guardian shall
also sign the written instrument, but need not sign at the same time as the
appointing parent.
(b) A parent or guardian shall not appoint a short-term guardian of a
minor if the
minor has another living parent, adoptive parent or adjudicated parent, whose
parental rights have not been terminated, whose whereabouts are known, and who
is willing and able to make and carry out day-to-day child care decisions
concerning the minor, unless the nonappointing parent consents to the
appointment by signing the written instrument of appointment.
(c) The appointment of the short-term guardian is effective immediately upon
the date the written instrument is executed, unless the written instrument
provides for the appointment to become effective upon a later specified date or
event. Except as provided in subsection (e-5) or (e-10) of this Section, the short-term guardian shall have authority to act as guardian of the
minor as provided in Section 11-13.2 for a period of 365 days
from the date the appointment is effective, unless the written instrument
provides for the appointment to terminate upon a different specified date or
event as permitted by this Section. Only one written instrument appointing a short-term guardian may be in
force at any given time.
(d) Every appointment of a short-term guardian may be amended or revoked by
the appointing parent or by the appointing guardian of the person of the
minor
at any time and in any manner communicated to the
short-term guardian or to any other person. Any person other than the
short-term guardian to whom a revocation or amendment is communicated or
delivered shall make all reasonable efforts to inform the short-term guardian
of that fact as promptly as possible.
(d-5) Except as provided in subsection (e-5) or (e-10), a short-term guardian appointed as the result of an administrative separation may renew a short-term guardianship for an additional 365 days from the date the initial appointment expires if the administrative separation is still in effect, unless the written instrument provides for the appointment to terminate upon a different date or event as permitted by this Section. (e) The appointment of a short-term guardian or successor short-term
guardian does not affect the rights of the other parent in the minor. The short-term guardian appointment does not constitute consent for court appointment of a guardian.
(e-5) Any time after the appointment of a temporary custodian under Section 2-10, 3-12, 4-9, 5-410, or 5-501 of the Juvenile Court Act of 1987, and after notice to all parties, including the short-term guardian, as required by the Juvenile Court Act of 1987, a court may vacate any short-term guardianship for the minor appointed under this Section, provided the vacation is consistent with the minor's best interests as determined using the factors listed in paragraph (4.05) of Section 1-3 of the Juvenile Court Act of 1987. (e-10) A parent or guardian who is a member of the Armed Forces of the United States, including any reserve component thereof, or the commissioned corps of the National Oceanic and Atmospheric Administration or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Armed Forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on State active duty, may appoint a short-term guardian for a period of longer than 365 days if on active duty service. The writing appointing the short-term guardian under this subsection shall include the dates of the parent's or guardian's active duty service, and the appointment may not exceed the term of active duty plus 30 days. (f) The written instrument appointing a short-term guardian may, but need
not, be in the following form:
APPOINTMENT OF SHORT-TERM GUARDIAN
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
By properly completing this form, a parent or the guardian
of the person of the child is appointing a guardian of
a child of the parent
(or a minor ward of the guardian, as the case may be)
for a period of up to 365 days. A separate form should be
completed for each child. The person appointed as
the guardian must sign the form, but need not do so at the same time as the
parent or parents or guardian.
If you are a parent or guardian who is a member of the Armed Forces of the United States, including any reserve component thereof, or the commissioned corps of the National Oceanic and Atmospheric Administration or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Armed Forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on State active duty, you may appoint a short-term guardian for your child for the period of your active duty service plus 30 days. When executing this form, include the date your active duty service is scheduled to begin in part 3 and the date your active duty service is scheduled to end in part 4. This form may not be used to appoint a guardian if there is a guardian
already appointed for the child, except that if
a guardian of the person of the child has
been appointed, that guardian may use this form to appoint a
short-term guardian.
Both living parents of a child may together
appoint a guardian of the child, or the
guardian of the person of the child may
appoint a guardian of the child,
for a period
of up to 365 days through the use
of this form.
If the short-term guardian is appointed by both living parents of the
child,
the parents need not sign the form at the same time.]
1. Parent (or guardian) and Child. I, (insert name |
| of appointing parent or guardian), currently residing at (insert address of appointing parent or guardian), am a parent (or the guardian of the person) of the following child (or of a child likely to be born): (insert name and date of birth of child, or insert the words "not yet born" to appoint a short-term guardian for a child likely to be born and the child's expected date of birth).
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2. Guardian. I hereby appoint the following person
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| as the short-term guardian for the child: (insert name and address of appointed person).
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3. Effective date. This appointment becomes
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| effective: (check one if you wish it to be applicable)
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( ) On the date that I state in writing that I am
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| no longer either willing or able to make and carry out day-to-day child care decisions concerning the child.
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( ) On the date that a physician familiar with my
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| condition certifies in writing that I am no longer willing or able to make and carry out day-to-day child care decisions concerning the child.
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( ) On the date that I am admitted as an
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| in-patient to a hospital or other health care institution.
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( ) On the following date: (insert date).
( ) On the date my active duty service begins:
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( ) Upon an administrative separation, as defined
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( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment is effective
immediately upon the date the form is signed and dated below.]
4. Termination. This appointment shall terminate 365
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| days after the effective date, unless it terminates as determined by the event or date I have indicated below: (check one if you wish it to be applicable)
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( ) On the date that I state in writing that I am
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| willing and able to make and carry out day-to-day child care decisions concerning the child, but not more than 365 days after the effective date.
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( ) On the date that a physician familiar with my
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| condition certifies in writing that I am willing and able to make and carry out day-to-day child care decisions concerning the child, but not more than 365 days after the effective date.
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( ) On the date that I am discharged from the
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| hospital or other health care institution where I was admitted as an in-patient, which established the effective date, but not more than 365 days after the effective date.
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( ) On the date which is (state a number of days,
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| but no more than 365 days) days after the effective date.
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( ) On the date no more than 30 days after my
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| active duty service is scheduled to end: (insert date active duty service is scheduled to end).
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( ) In the event the administrative separation,
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| as defined in Section 11-1, has been resolved.
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( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment will be effective for a
period of 365 days, beginning on the effective date.]
5. Date and signature of appointing parent or
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| guardian. This appointment is made this (insert day) day of (insert month and year).
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Signed: (appointing parent)
6. Witnesses. I saw the parent (or the guardian of
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| the person of the child) sign this instrument or I saw the parent (or the guardian of the person of the child) direct someone to sign this instrument for the parent (or the guardian). Then I signed this instrument as a witness in the presence of the parent (or the guardian). I am not appointed in this instrument to act as the short-term guardian for the child. (Insert space for names, addresses, and signatures of 2 witnesses)
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7. Acceptance of short-term guardian. I accept this
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| appointment as short-term guardian on this (insert day) day of (insert month and year).
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Signed: (short-term guardian)
8. Consent of child's other parent. I, (insert name
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| of the child's other living parent), currently residing at (insert address of child's other living parent), hereby consent to this appointment on this (insert day) day of (insert month and year).
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Signed: (consenting parent)
[NOTE: The signature of a consenting parent is not necessary if one of the
following applies: (i) the child's other parent has died; or (ii) the
whereabouts of the child's other parent are not known; or (iii) the child's
other parent is not willing or able to make and carry out day-to-day child care
decisions concerning the child; or (iv) the child's parents were never married
and no court has issued an order establishing parentage.]
(Source: P.A. 101-120, eff. 7-23-19.)
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(755 ILCS 5/11-5.5) Sec. 11-5.5. Special immigrant minor findings; appointment of guardian for person aged 18 to 21 years; duties of guardian; additional services. (a) For the purpose of making a finding under this Section: "Abuse" has the meaning ascribed to that term in |
| subsection (1) of Section 103 of the Illinois Domestic Violence Act of 1986.
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"Abandonment" includes, but is not limited to, the
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| failure of a parent to maintain a reasonable degree of interest, concern, or responsibility for the welfare of the minor or when one or both of the minor's parents are deceased or cannot be reasonably located.
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"Neglect" includes the meaning ascribed to the term
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| in paragraph (a) of subsection (1) of Section 2-3 of the Juvenile Court Act of 1987 and the failure to perform caretaking functions as defined in subsection (c) of Section 600 of the Illinois Marriage and Dissolution of Marriage Act.
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(b) A court of this State that is competent to adjudicate a petition for guardianship has jurisdiction to make the findings necessary to enable a minor, who is the subject of a petition for guardianship, to petition the United States Citizenship and Immigration Services for classification as a Special Immigrant Juvenile under Section 1101(a)(27)(J) of Title 8 of the United States Code.
(c) If a motion requests findings regarding Special Immigrant Juvenile Status under Section 1101(a)(27)(J) of Title 8 of the United States Code, and the evidence, which may consist solely of, but is not limited to, a declaration by the minor, supports the findings, the court shall issue an order, that includes the following findings:
(1)(A) the minor is declared a dependent of the
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| court; or (B) the minor is legally committed to, or placed under the custody of, a State agency or department or an individual or entity appointed by the court; and
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(2) that reunification of the minor with one or both
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| of the minor's parents is not viable due to abuse, neglect, abandonment, or other similar basis; and
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(3) that it is not in the best interest of the minor
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| to be returned to the minor's or parent's previous country of nationality or last habitual residence.
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(d) In any proceedings in response to a motion that the court make the findings necessary to support a petition for classification as a Special Immigrant Juvenile, information regarding the immigration status of the minor, the minor's parent, or the minor's guardian that is not otherwise protected by State confidentiality laws shall remain confidential and shall be available for inspection only by the court, the minor who is the subject of the proceeding, the parties, the attorneys for the parties, the minor's counsel, and the minor's parent or guardian.
(e)(1) For purposes of this subsection, "minor" includes an unmarried person who is less than 21 years old who consents to the appointment of a guardian or the continuation of a guardianship after the age of 18.
(2) A court making determinations under this subsection shall consider the best interest of the minor, including his or her protection, well-being, care, and custody. The court shall make decisions regarding findings, orders, or referrals to support the health, safety, and welfare of a minor or to remedy the effects on a minor of abuse, neglect, abandonment, or similar circumstances. A court making determinations under this subsection shall be acting as a juvenile court.
(3) A petition for guardianship of the person of a minor who is 18 years of age or older, but who has not yet attained 21 years of age, may be filed by a parent, relative, or nonrelative person over the age of 21.
(4) With the consent of the minor, the court shall appoint the petitioner as the guardian of the person for a minor who is 18 years of age or older, but who has not yet attained 21 years of age, in connection with a motion for special findings under this Section.
(5) At the request of, or with the consent of, the minor, the court shall extend an existing guardianship of the person for a minor over 18 years of age, for purposes of allowing the minor to request special findings under this Section.
(6) A guardian appointed pursuant to this subsection shall have responsibility for the custody, nurture, and tuition of the minor, and shall have the right to determine the minor's residence based on the minor's best interest. This subsection does not authorize the guardian to abrogate certain rights that a person who has attained 18 years of age may have under State law, including, but not limited to, decisions regarding the minor's medical treatment without the minor's express consent.
(7) A minor who is the subject of a petition for guardianship or for extension of guardianship under this subsection may be referred for psychological, educational, medical, or social services that may be deemed necessary as a result of parental abuse, abandonment, or neglect, or for protection against trafficking or domestic violence. Participation in any referred services shall be voluntary.
(Source: P.A. 101-121, eff. 11-25-19 (see P.A. 101-592 for the effective date of changes made by P.A. 101-121); 102-259, eff. 8-6-21.)
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(755 ILCS 5/11-13) (from Ch. 110 1/2, par. 11-13)
Sec. 11-13. Duties of guardian of a minor. Before a guardian of a
minor may act, the guardian shall be appointed by the court of the proper
county and, in the case of a guardian of the minor's estate, the guardian shall
give the bond prescribed in Section 12-2. Except as provided in Section
11-13.1 and Section 11-13.2 with respect to the standby or short-term guardian
of the person of a minor, the court shall have control over the person and
estate of the ward. Under the direction of the court:
(a) The guardian of the person shall have the custody, nurture and tuition
and shall provide education of the ward and of his children, but the ward's
spouse may not be deprived of the custody and education of the spouse's
children, without consent of the spouse, unless the court finds that the
spouse is not a fit and competent person to have such custody and education.
If the ward's estate is insufficient to provide for the ward's education
and the guardian of his person fails to provide education, the court may
award the custody of the ward to some other person for the purpose of providing
education. If a person makes a settlement upon or provision for the support
or education of a ward and if either parent of the ward is dead, the court
may make such order for the visitation of the ward by the person making
the settlement or provision as the court deems proper. The guardian of the minor shall inform the court of the minor's current address by certified mail, hand delivery, or other method in accordance with court rules within 30 days of any change of residence.
(a-5) The guardian of estate, or the guardian of the person if a guardian of the estate has not been appointed, may, without an order of court, open, maintain, and transfer funds to an ABLE account on behalf of the ward to provide for the ward as specified under Section 16.6 of the State Treasurer Act. (b) The guardian or other representative of the ward's estate shall have
the care, management and investment of the estate, shall manage the estate
frugally and shall apply the income and principal of the estate so far as
necessary for the comfort and suitable support and education of the ward,
his children, and persons related by blood or marriage who are dependent
upon or entitled to support from him, or for any other purpose which the
court deems to be for the best interests of the ward, and the court may
approve the making on behalf of the ward of such agreements as the court
determines to be for the ward's best interests. The representative may
make disbursement of his ward's funds and estate directly to the ward or
other distributee or in such other manner and in such amounts as the court
directs. If the estate of a ward is derived in whole or in part from payments
of compensation, adjusted compensation, pension, insurance or other similar
benefits made directly to the estate by the Veterans Administration, notice of
the application for leave to invest or expend the ward's funds or estate,
together with a copy of the petition and proposed order, shall be given to the
Veterans' Administration Regional Office in this State at least 7 days before
the hearing on the application.
The court, upon petition of a guardian of the estate of a minor,
may permit the
guardian to make a will or create a revocable or irrevocable trust for the
minor that the court considers appropriate in light of changes in applicable
tax
laws that allow for minimization of State or federal income, estate, or
inheritance taxes; however, the will or trust
must make distributions only to the persons who would be entitled to
distributions if the minor were to die intestate and the will or trust must
make distributions to those persons in the same amounts to which they
would be entitled if the minor were to die intestate.
(c) Upon the direction of the court which issued his letters a
representative may perform the contracts of his ward which were legally
subsisting at the time of the commencement of the guardianship. The court may
authorize the guardian to execute and deliver any bill of sale, deed or other
instrument.
(d) The representative of the estate of a ward shall appear for and
represent the ward in all legal proceedings unless another person is appointed
for that purpose as representative or next friend. This does not impair the
power of any court to appoint a representative or next friend to defend the
interests of the ward in that court, or to appoint or allow any person as the
next friend of a ward to commence, prosecute or defend any proceeding in his
behalf. Any proceeding on behalf of a minor may be commenced and prosecuted by
his next friend, without any previous authority or appointment by the court if
the next friend enters bond for costs and files it in the court where the
proceeding is pending.
Without impairing the power of the court in any respect, if the
representative of the estate of a minor and another person as next friend shall
appear for and represent the minor in a legal proceeding in which the
compensation of the attorney or attorneys representing the guardian and next
friend is solely determined under a contingent fee arrangement, the guardian of
the estate of the minor shall not participate in or have any duty to review the
prosecution of the action, to participate in or review the appropriateness of
any settlement of the action, or to participate in or review any determination
of the
appropriateness of any fees awarded to the attorney or attorneys employed in
the prosecution of the action.
(e) Upon petition by any interested person (including the standby or
short-term guardian), with such notice to interested persons as the court
directs and a finding by the court that it is in the best interest of the
minor, the court may terminate or limit the authority of a standby or
short-term guardian or may enter such other orders as the court deems
necessary to provide for the best interest of the minor. The petition for
termination or limitation of the authority of a standby or short-term guardian
may, but need not, be combined with a petition to have a guardian appointed for
the minor.
(f) The court may grant leave to the guardian of a minor child or children to remove such child or children from Illinois whenever such approval is in the best interests of such child or children. The guardian may not remove a minor from Illinois except as permitted under this Section and must seek leave of the court prior to removing a child for 30 days or more. The burden of proving that such removal is in the best interests of such child or children is on the guardian. When such removal is permitted, the court may require the guardian removing such child or children from Illinois to give reasonable security guaranteeing the return of such children. The court shall consider the wishes of the minor's parent or parents and the effect of removal on visitation and the wishes of the minor if he or she is 14 years of age or older. The court may not consider the availability of electronic communication as a factor in support of the removal of a child by the guardian from Illinois. The guardianship order may incorporate language governing removal of the minor from the State. Any order for removal, including one incorporated into the guardianship order, must include the date of the removal, the reason for removal, and the proposed residential and mailing address of the minor after removal. A copy of the order must be provided to any parent whose location is known, within 3 days of entry, either by personal delivery or by certified mail, return receipt requested. Before a minor child is temporarily removed from Illinois for more than 48 hours but less than 30 days, the guardian shall inform the parent or parents of the address and telephone number where the child may be reached during the period of temporary removal and the date on which the child shall return to Illinois. The State of Illinois retains jurisdiction when the minor child is absent from the State pursuant to this subsection. The guardianship order may incorporate language governing out-of-state travel with the minor. (Source: P.A. 101-329, eff. 8-9-19.)
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(755 ILCS 5/11-14.1) (from Ch. 110 1/2, par. 11-14.1)
Sec. 11-14.1. Revocation of letters. (a) Upon the minor reaching the age
of majority, the letters of office shall be revoked only as to that minor
and the guardianship over that minor shall be terminated. The letters of
office and the guardianship shall remain as to any other minors included in the
same letters of office or guardianship order.
(b) Upon the filing of a petition by a minor's living, adoptive, or adjudicated parent whose parental rights have not been terminated, the court shall discharge the guardian and terminate the guardianship if the parent establishes, by a preponderance of the evidence, that a material change in the circumstances of the minor or the parent has occurred since the entry of the order appointing the guardian; unless the guardian establishes, by clear and convincing evidence, that termination of the guardianship would not be in the best interests of the minor. In determining the minor's best interests, the court shall consider all relevant factors including: (1) The interaction and interrelationship of the |
| minor with the parent and members of the parent's household.
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(2) The ability of the parent to provide a safe,
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| nurturing environment for the minor.
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(3) The relative stability of the parties and the
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(4) The minor's adjustment to his or her home,
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| school, and community, including the length of time that the minor has lived with the parent and the guardian.
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(5) The nature and extent of visitation between
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| the parent and the minor and the guardian's ability and willingness to facilitate visitation.
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(Source: P.A. 96-1338, eff. 1-1-11.)
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