ILCS » Chapter 755 · Act 5
Illinois Compiled Statutes

755 ILCS 5/11-8 (2026)

Petition for guardian of minor

✓ current as of May 2026
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(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, adult brothers and sisters, and the short-term guardian, 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 proceedings 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.
    The petition must include facts concerning an administrative separation of the parent or parents including the date of the separation and the known or presumed location of the parent or parents and any documentation related to an administrative separation, including, but not limited to, information contained in the online detainee locator system. Documentation related to an administrative separation shall be attached to the petition as an exhibit.
    If a short-term guardian who has been appointed by the minor's parent or guardian prior to the filing of the petition subsequently petitions for court-ordered guardianship of the minor, the petition shall state the facts concerning the appointment of the short-term guardian, including: (i) the date of the appointment; (ii) the circumstances surrounding the appointment; (iii) the date the short-term guardian appointment ends; and (iv) the reasons why a court-ordered guardian is also needed for the minor. A copy of the short-term guardianship appointment shall be attached to the petition.
    (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. 101-120, eff. 7-23-19.)

    
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2006–2021 · 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). “See 755 ILCS 5/11-7 (West 2004) ("If both parents of a minor are living"; "If the parents live apart"); 755 ILCS 5/11-8(a)(2)(ii) (West 2004) ("The petition for appointment of a guardian * * * must state, if known: * * * the names and post office addresses of * * * the parents…”
Nichols v. Fahrenkamp, 2019 IL 123990 (Ill. 2021). “, 2016 IL App (2d) 160457-U , a child’s grandparents sought -8- to be appointed the child’s guardians under the Probate Act (755 ILCS 5/11-8 (West 2014)). The appellate court explicitly noted that the circuit court appointed the guardian ad litem “to interview the child and make…”
Nichols v. Fahrenkamp, 2019 IL 123990 (Ill. 2019). “, 2016 IL App (2d) 160457-U , a child’s grandparents sought to be appointed the child’s guardians under the Probate Act (755 ILCS 5/11-8 (West 2014)). The appellate court explicitly noted that the circuit court appointed the guardian ad litem “to interview the child and make a…”
In re Est. of H.B., 2012 IL App (3d) 120475 (Ill. App. Ct. 2012). “755 ILCS 5/11-8 (West 2010). The first petition alleged Courtney was incapable of caring for H.”
In re Est. of B.R.S., 2015 IL App (3d) 150038 (Ill. App. Ct. 2015). · cites it 3× “Additionally, the Aarons take issue with section 11-8 of the Probate Act of 1975 (755 ILCS 5/11-8 (West 2014)) and challenge its constitutionality.”
In re Est. of B.R.S., 2015 IL App (3d) 150038 (Ill. App. Ct. 2015). · cites it 3× “Additionally, the Aarons take issue with section 11-8 of the Probate Act of 1975 (755 ILCS 5/11-8 (West 2014)) and challenge its constitutionality.”
In re Parentage of A.M., 2020 IL App (5th) 190441-U (Ill. App. Ct. 2020). “¶ 20 Here, the record demonstrates, and the parties do not dispute, that the circuit court previously granted the McRoys physical custody of the children, with the consent of Stephanie and Richard, in the guardianship proceedings, pursuant to the Probate Act (755 ILCS 5/11-8(a)…”
— 755 ILCS 5/11-8(a) — 1 case
In re Parentage of A.M., 2020 IL App (5th) 190441-U (Ill. App. Ct. 2020). “¶ 20 Here, the record demonstrates, and the parties do not dispute, that the circuit court previously granted the McRoys physical custody of the children, with the consent of Stephanie and Richard, in the guardianship proceedings, pursuant to the Probate Act (755 ILCS 5/11-8(a)…”
— 755 ILCS 5/11-8(a)(2)(ii) — 1 case
In Re Rls, 844 N.E.2d 22 (Ill. 2006). “See 755 ILCS 5/11-7 (West 2004) ("If both parents of a minor are living"; "If the parents live apart"); 755 ILCS 5/11-8(a)(2)(ii) (West 2004) ("The petition for appointment of a guardian * * * must state, if known: * * * the names and post office addresses of * * * the parents…”
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