ILCS » Chapter 755 · Act 5
Illinois Compiled Statutes

755 ILCS 5/11-3 (2026)

Who may act as guardian

✓ current as of May 2026
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(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 person with a disability 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. 99-143, eff. 7-27-15.)

    
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2004–2026 · leading case: In Re Rls, 844 N.E.2d 22 (Ill. 2006).
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In Re Rls, 844 N.E.2d 22 (Ill. 2006). “Respondent argues that, just as the Washington statute allowed "any person" to petition for visitation at "any time," the Probate Act allows any qualified nonfelon adult (755 ILCS 5/11-3(a) (West 2004)) to commence a guardianship proceeding simply by filing a petition (755 ILCS…”
Trent v. Off. of Coroner of Peoria Cnty., 812 N.E.2d 21 (Ill. App. Ct. 2004). “A person who has been convicted of a felony may neither be appointed guardian of a child's estate (755 ILCS 5/11-3(a) (West 2002)) nor named administrator of an estate of a decedent who dies intestate (755 ILCS 5/9-1 (West 2002)).”
In re Guardianship of Karla Yureimi Ordonez Gomez, 2021 IL App (1st) 201393-U (Ill. App. Ct. 2021). “¶ 19 The court’s order noted that by statute, it cannot appoint a person as guardian if that person has been convicted of a felony involving harm or threat to a child (755 ILCS 5/11-3(a)(5) (West 2020)), or if the person was found to have caused or substantially contributed to…”
In re Est. of E.A. (Ill. App. Ct. 2026). “at 735 (quoting 755 ILCS 5/11-3 (West 2004)). ¶ 56 The appellate court reversed and granted Kenneth’s petition because the ruling was contrary to the manifest weight of the evidence.”
In Re Guardianship of Agg, 948 N.E.2d 81 (Ill. App. Ct. 2011). “and did not set forth all the allegations required by the Probate Act (755 ILCS 5/11-3 (West 2008)). The docket entry stated that Victor had 14 days to comply and that attorney Eugenia Hunter was appointed as the guardian ad litem.”
— 755 ILCS 5/11-3(a) — 2 cases
In Re Rls, 844 N.E.2d 22 (Ill. 2006). “Respondent argues that, just as the Washington statute allowed "any person" to petition for visitation at "any time," the Probate Act allows any qualified nonfelon adult (755 ILCS 5/11-3(a) (West 2004)) to commence a guardianship proceeding simply by filing a petition (755 ILCS…”
Trent v. Off. of Coroner of Peoria Cnty., 812 N.E.2d 21 (Ill. App. Ct. 2004). “A person who has been convicted of a felony may neither be appointed guardian of a child's estate (755 ILCS 5/11-3(a) (West 2002)) nor named administrator of an estate of a decedent who dies intestate (755 ILCS 5/9-1 (West 2002)).”
— 755 ILCS 5/11-3(a)(5) — 1 case
In re Guardianship of Karla Yureimi Ordonez Gomez, 2021 IL App (1st) 201393-U (Ill. App. Ct. 2021). “¶ 19 The court’s order noted that by statute, it cannot appoint a person as guardian if that person has been convicted of a felony involving harm or threat to a child (755 ILCS 5/11-3(a)(5) (West 2020)), or if the person was found to have caused or substantially contributed to…”
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