Statutes > Illinois Statutes > CHAPTER 755 ESTATES > 755 ILCS 5/ Probate Act of 1975. > Article XI - Minors

Article XI - Minors


      (755 ILCS 5/Art. XI heading)
ARTICLE XI. MINORS

    (755 ILCS 5/11‑1) (from Ch. 110 1/2, par. 11‑1)
    Sec. 11‑1. Minor defined.) A minor is a person who has not attained the age of 18 years. A person who has attained the age of 18 years is of legal age for all purposes except as otherwise provided in the Illinois Uniform Transfers to Minors Act.
(Source: P.A. 84‑915.)

    (755 ILCS 5/11‑3)(from Ch. 110 1/2, par. 11‑3)
    Sec. 11‑3. Who may act as guardian.
    (a) A person is qualified to act as guardian of the person and as guardian of the estate if the court finds that the proposed guardian is capable of providing an active and suitable program of guardianship for the minor and that the proposed guardian:
        (1) has attained the age of 18 years;
        (2) is a resident of the United States;
        (3) is not of unsound mind;
        (4) is not an adjudged disabled person as defined in
     this Act; and
        (5) has not been convicted of a felony, unless the
     court finds appointment of the person convicted of a felony to be in the minor's best interests, and as part of the best interest determination, the court has considered the nature of the offense, the date of offense, and the evidence of the proposed guardian's rehabilitation. No person shall be appointed who has been convicted of a felony involving harm or threat to a child, including a felony sexual offense.
One person may be appointed guardian of the person and
     another person appointed guardian of the estate.
    (b) The Department of Human Services or the Department of Children and Family Services may with the approval of the court designate one of its employees to serve without fees as guardian of the estate of a minor patient in a State mental hospital or a resident in a State institution when the value of the personal estate does not exceed $1,000.
(Source: P.A. 94‑579, eff. 8‑12‑05.)

    (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; or (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 (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.
    (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.
    (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. 96‑1338, eff. 1‑1‑11.)

    (755 ILCS 5/11‑5.1)
    Sec. 11‑5.1. (Repealed).
(Source: Repealed by P.A. 88‑529.)

    (755 ILCS 5/11‑5.2)
    Sec. 11‑5.2. (Repealed).
(Source: Repealed by P.A. 88‑529.)

    (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 consent to the appointment or, after receiving notice of the hearing under Section 11‑10.1, fail to object to the appointment at the hearing on the petition. 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).
        2. Standby Guardian. I hereby designate the
     following person to be appointed as standby guardian for the child or children listed above (insert name and address of person designated).
        3. Successor Standby Guardian. If the person named
     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).
        4. Date and Signature. This designation is made
     this (insert day) day of (insert month and year).
            Signed: (designating parent or guardian)
        5. Witnesses. I saw the parent (or the guardian of
     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).
(Source: P.A. 90‑796, eff. 12‑15‑98.)

    (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. 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 an earlier specified date or event. 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.
    (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.
    (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.
    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).
        2. Guardian. I hereby appoint the following person
     as the short‑term guardian for the child: (insert name and address of appointed person).
        3. Effective date. This appointment becomes
     effective: (check one if you wish it to be applicable)
            ( ) On the date that I state in writing that I
         am no longer either willing or able to make and carry out day‑to‑day child care decisions concerning the child.
            ( ) On the date that a physician familiar with
         my 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.
            ( ) On the date that I am admitted as an
         in‑patient to a hospital or other health care institution.
            ( ) On the following date: (insert date).
            ( ) 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 days after the effective date, unless it terminates sooner as determined by the event or date I have indicated below: (check one if you wish it to be applicable)
            ( ) On the date that I state in writing that I
         am willing and able to make and carry out day‑to‑day child care decisions concerning the child.
            ( ) On the date that a physician familiar with
         my condition certifies in writing that I am willing and able to make and carry out day‑to‑day child care decisions concerning the child.
            ( ) On the date that I am discharged from the
         hospital or other health care institution where I was admitted as an in‑patient, which established the effective date.
            ( ) On the date which is (state a number of
         days, but no more than 365 days) days after the effective date.
            ( ) 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
     guardian. This appointment is made this (insert day) day of (insert month and year).
            Signed: (appointing parent)
        6. Witnesses. I saw the parent (or the guardian of
     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)
        7. Acceptance of short‑term guardian. I accept this
     appointment as short‑term guardian on this (insert day) day of (insert month and year).
            Signed: (short‑term guardian)
        8. Consent of child's other parent. I, (insert name
     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).
            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. 95‑568, eff. 6‑1‑08.)

    (755 ILCS 5/11‑6) (from Ch. 110 1/2, par. 11‑6)
    Sec. 11‑6. Venue.) If the minor is a resident of this State, the proceeding shall be instituted in the court of the county in which he resides. If the minor is not a resident of this State, the proceeding shall be instituted in the court of a county in which his real or personal estate is located.
(Source: P.A. 80‑1415.)

    (755 ILCS 5/11‑7)
    Sec. 11‑7. (Repealed).
(Source: P.A. 79‑328. Repealed by P.A. 96‑1338, eff. 1‑1‑11.)

    (755 ILCS 5/11‑7.1) (from Ch. 110 1/2, par. 11‑7.1)
    Sec. 11‑7.1. Visitation rights.
    (a) Whenever both natural or adoptive parents of a minor are deceased, visitation rights shall be granted to the grandparents of the minor who are the parents of the minor's legal parents unless it is shown that such visitation would be detrimental to the best interests and welfare of the minor. In the discretion of the court, reasonable visitation rights may be granted to any other relative of the minor or other person having an interest in the welfare of the child. However, the court shall not grant visitation privileges to any person who otherwise might have visitation privileges under this Section where the minor has been adopted subsequent to the death of both his legal parents except where such adoption is by a close relative. For the purpose of this Section, "close relative" shall include, but not be limited to, a grandparent, aunt, uncle, first cousin, or adult brother or sister.
    Where such adoption is by a close relative, the court shall not grant visitation privileges under this Section unless the petitioner alleges and proves that he or she has been unreasonably denied visitation with the child. The court may grant reasonable visitation privileges upon finding that such visitation would be in the best interest of the child.
    An order denying visitation rights to grandparents of the minor shall be in writing and shall state the reasons for denial. An order denying visitation rights is a final order for purposes of appeal.
    (b) Unless the court determines, after considering all relevant factors, including but not limited to those set forth in Section 602(a) of the Illinois Marriage and Dissolution of Marriage Act, that it would be in the best interests of the child to allow visitation, the court shall not enter an order providing visitation rights and pursuant to a motion to modify visitation brought under Section 607(f) of the Illinois Marriage and Dissolution of Marriage Act shall revoke visitation rights previously granted to any person who would otherwise be entitled to petition for visitation rights under this Section who has been convicted of first degree murder of the parent, grandparent, great‑grandparent, or sibling of the child who is the subject of the order. Until an order is entered pursuant to this subsection, no person shall visit, with the child present, a person who has been convicted of first degree murder of the parent, grandparent, great‑grandparent, or sibling of the child without the consent of the child's parent, other than a parent convicted of first degree murder as set forth herein, or legal guardian.
(Source: P.A. 90‑801, eff. 6‑1‑99.)

    (755 ILCS 5/11‑8) (from Ch. 110 1/2, par. 11‑8)
    Sec. 11‑8. Petition for guardian of minor.
    (a) The petition for appointment of a guardian of the estate, or of both the person and estate, of a minor, or for appointment of the guardian of the person only of a minor or minors must state, if known: (1) the name, date of birth and residence of the minor; (2) the names and post office addresses of the nearest relatives of the minor in the following order: (i) the spouse, if any; if none, (ii) the parents and adult brothers and sisters, if any; if none, (iii) the nearest adult kindred; (3) the name and post office address of the person having the custody of the minor; (4) the approximate value of the personal estate; (5) the amount of the anticipated gross annual income and other receipts; (6) the name, post office address and, in case of an individual, the age and occupation of the proposed guardian; (7) the facts concerning the execution or admission to probate of the written designation of the guardian, if any, a copy of which shall be attached to or filed with the petition; and (8) the facts concerning any juvenile, adoption, parentage, dissolution, or guardianship court actions pending concerning the minor or the parents of the minor and whether any guardian is currently acting for the minor. In addition, if the petition seeks the appointment of a previously appointed standby guardian as guardian of the minor, the petition must also state: (9) the facts concerning the standby guardian's previous appointment and (10) the date of death of the minor's parent or parents or the facts concerning the consent of the minor's parent or parents to the appointment of the standby guardian as guardian, or the willingness and ability of the minor's parent or parents to make and carry out day‑to‑day child care decisions concerning the minor.
    (b) A single petition for appointment of only a guardian of the person of a minor may include more than one minor. The statements required in items (1) and (2) of subsection (a) shall be listed separately for each minor.
(Source: P.A. 90‑796, eff. 12‑15‑98.)

    (755 ILCS 5/11‑8.1)
    Sec. 11‑8.1. Petition for standby guardian of minor. The petition for appointment of a standby guardian of the person or the estate, or both, of a minor must state, if known: (a) the name, date of birth, and residence of the minor; (b) the names and post office addresses of the nearest relatives of the minor in the following order: (1) the parents, if any; if none, (2) the adult brothers and sisters, if any; if none, (3) the nearest adult kindred; (c) the name and post office address of the person having custody of the minor; (d) the name, post office address, and, in case of any individual, the age and occupation of the proposed standby guardian; (e) the facts concerning the consent of the minor's parent or parents or the guardian of the person of the minor to the appointment of the standby guardian, or the willingness and ability of the minor's parent or parents, if any, or the guardian of the person of the minor to make and carry out day‑to‑day child care decisions concerning the minor; (f) the facts concerning the execution or admission to probate of the written designation of the standby guardian, if any, a copy of which shall be attached to or filed with the petition; and (g) the facts concerning any juvenile, adoption, parentage, dissolution, or guardianship court actions pending concerning the minor or the parents of the minor and whether any guardian is currently acting for the minor.
(Source: P.A. 90‑796, eff. 12‑15‑98.)

    (755 ILCS 5/11‑9) (from Ch. 110 1/2, par. 11‑9)
    Sec. 11‑9. Domestic Violence: Order of Protection. An order of protection, as defined in the Illinois Domestic Violence Act of 1986, enacted by the 84th General Assembly, may be issued in conjunction with a proceeding for appointment of a guardian for a minor if the petition for an order of protection alleges that a person who is party to or the subject of the proceeding has been abused by or has abused a family or household member. The Illinois Domestic Violence Act of 1986 shall govern the issuance, enforcement and recording of orders of protection issued under this Section.
(Source: P.A. 84‑1305.)

    (755 ILCS 5/11‑10.1) (from Ch. 110 1/2, par. 11‑10.1)
    Sec. 11‑10.1. Procedure for appointment of a standby guardian or a guardian of a minor.
    (a) Unless excused by the court for good cause shown, it is the duty of the petitioner to give notice of the time and place of the hearing on the petition, in person or by mail, to the minor, if the minor is 14 years, or older, and to the relatives of the minor whose names and addresses are stated in the petition, not less than 3 days before the hearing, but failure to give notice to any relative is not jurisdictional.
    (b) In any proceeding for the appointment of a standby guardian or a guardian the court may appoint a guardian ad litem to represent the minor in the proceeding.
(Source: P.A. 88‑529.)

    (755 ILCS 5/11‑11) (from Ch. 110 1/2, par. 11‑11)
    Sec. 11‑11.