755 ILCS 5/11-5
Appointment of guardian
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(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.)
Notes of Decisions
Cited in 35
cases (13 in the last 5 years), 1995–2026 · leading case: In Re RLS
In Re RLS (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…”
In Re Estate of Kes (2004)
“On November 12, 1993, the Schneiders filed a petition for appointment of guardians of minors' persons, pursuant to section 11-5 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/11-5 (West 1992)), seeking to declare Christine and Benito DiTerlizzi guardians of K.”
In re Guardianship Estate of Tatyanna T. (2012)
“” 755 ILCS 5/11-5(a-1) (West 2008). We are unable to find anything in the Probate Act, or in our case law, which would suggest that a parent could, in an out-of-court context, orally consent to the appointment of a guardian over her child, and petitioners have provided us with…”
In re Estate of H.B. (2012)
“755 ILCS 5/11-5(a-1), 11- 5.3, 11-5.4 (West 2010).”
In re A.W. (2013)
“under the Probate Act of 1975 (Probate Act) (755 ILCS 5/11-5 (West 2012)). In her petition, she alleged that Emily was unable to make or carry out day-to-day decisions concerning A.”
In Re Custody of TW (2006)
“The trial court initially denied the motion, finding that under section 11-5(b) of the Probate Act (755 ILCS 5/11-5(b) (West 2004)), the petitioners could establish standing if they could rebut the presumption that the respondent was willing and able to take care of R.”
In re A.M. (2013)
“¶2 Respondent appeals, claiming, inter alia, that the trial court lacked jurisdiction to proceed on the merits of the guardianship petition under section 11-5(b) of the Probate Act of 1975 (the Probate Act) (755 ILCS 5/11-5(b) (West 2010)). We agree and reverse.”
In re Parentage of Scarlett Z.-D. (2012)
“2d at 436 (holding that section 11-5(b) of the Probate Act of 1975 (755 ILCS 5/11-5(b) (West 2004)) imposes a standing requirement that nonparents must meet before proceeding on the merits of a petition for guardianship).”
Cushing v. Greyhound Lines, Inc. (2013)
“” Novoselsky argued that, as a then-14-year-old, Cristina could nominate Klein as guardian of her person and estate, pursuant to section 11-5(c) of the Probate Act of 1975 (755 ILCS 5/11-5(c) (West 2008)). He additionally argued that the actions taken by Klein and his Colorado…”
In Re Estate of Johnson (1996)
“" 755 ILCS 5/11-5(b) (West 1994). Eric argues that no evidence was presented at the hearing to rebut the presumption that he was willing and able to make and carry out the day-to-day child care decisions concerning Kirsten and, thus, in accordance with section 11-5(b) of the…”
In Re AWJ (2000)
“pursuant to the provisions of the Probate Act of 1975 (the Probate Act) (755 ILCS 5/11-5 (West 1996)). On August 9, 1996, while incarcerated at the Du Page County jail, Richard J.”
In Re Marriage of Siegel (1995)
“of the Probate Act of 1975 (755 ILCS 5/11-5 et seq. (West 1992)) and section 5/601 of the Marriage Act (750 ILCS 5/601 (West 1992)).”
— 755 ILCS 5/11-5(a) — 9 cases
In Re RLS (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…”
In re Guardianship Estate of Tatyanna T. (2012)
“” 755 ILCS 5/11-5(a-1) (West 2008). We are unable to find anything in the Probate Act, or in our case law, which would suggest that a parent could, in an out-of-court context, orally consent to the appointment of a guardian over her child, and petitioners have provided us with…”
In re Estate of H.B. (2012)
“755 ILCS 5/11-5(a-1), 11- 5.3, 11-5.4 (West 2010).”
In re A.W. (2013)
“under the Probate Act of 1975 (Probate Act) (755 ILCS 5/11-5 (West 2012)). In her petition, she alleged that Emily was unable to make or carry out day-to-day decisions concerning A.”
In re M.S. (2025)
— 755 ILCS 5/11-5(b) — 23 cases
In Re RLS (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…”
In Re Estate of Kes (2004)
“On November 12, 1993, the Schneiders filed a petition for appointment of guardians of minors' persons, pursuant to section 11-5 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/11-5 (West 1992)), seeking to declare Christine and Benito DiTerlizzi guardians of K.”
In re Guardianship Estate of Tatyanna T. (2012)
“” 755 ILCS 5/11-5(a-1) (West 2008). We are unable to find anything in the Probate Act, or in our case law, which would suggest that a parent could, in an out-of-court context, orally consent to the appointment of a guardian over her child, and petitioners have provided us with…”
In Re Custody of TW (2006)
“The trial court initially denied the motion, finding that under section 11-5(b) of the Probate Act (755 ILCS 5/11-5(b) (West 2004)), the petitioners could establish standing if they could rebut the presumption that the respondent was willing and able to take care of R.”
In re Estate of H.B. (2012)
“755 ILCS 5/11-5(a-1), 11- 5.3, 11-5.4 (West 2010).”
— 755 ILCS 5/11-5(b)(i)(3) — 1 case
— 755 ILCS 5/11-5(c) — 3 cases
Cushing v. Greyhound Lines, Inc. (2013)
“” Novoselsky argued that, as a then-14-year-old, Cristina could nominate Klein as guardian of her person and estate, pursuant to section 11-5(c) of the Probate Act of 1975 (755 ILCS 5/11-5(c) (West 2008)). He additionally argued that the actions taken by Klein and his Colorado…”
In Re Estate of Kes (2004)
“On November 12, 1993, the Schneiders filed a petition for appointment of guardians of minors' persons, pursuant to section 11-5 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/11-5 (West 1992)), seeking to declare Christine and Benito DiTerlizzi guardians of K.”
In re Estate of Madison F. (2026)
— 755 ILCS 5/11-5(d) — 1 case
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