Why Every Illinois Parent Needs a Guardianship Nomination for Minors Now

Nobody wants to think about what happens to their children if something happens to them. That’s understandable, but in Illinois, leaving that question unanswered can leave a judge deciding who raises your child without any guidance from you.

A guardianship nomination is one of the most important documents you can put in place as a parent of a minor child, and it takes less time than most people expect.

What a Guardianship Nomination Actually Does

In Illinois, if both parents of a minor child die or become incapacitated, a court appoints a guardian to care for that child. Without any guidance from you, the court makes that decision based on what it determines is in your child’s best interests, which may or may not be what you would have chosen.

A guardianship nomination tells the court who you want to serve as guardian. While the court isn’t forced to follow your wishes, judges give serious weight to a parent’s written nomination.

Guardian of the Person vs. Guardian of the Estate

Illinois law recognizes two distinct types of guardianship, and you can nominate different people for each.

• A guardian of the person handles the day-to-day realities of raising your child, including where they live, which school they attend, and what medical care they receive.
• A guardian of the estate manages any money or property your child inherits, so that financial matters stay separate from everyday caregiving.

You might name a sibling to raise your children while putting a more financially experienced friend or family member in charge of any assets.

What Happens without a Nomination

When parents don’t nominate a guardian, their children’s future becomes a probate court matter. Relatives may disagree over who should step in, and family dynamics that were never a problem during your lifetime can become serious disputes.

The Illinois Probate Act governs these proceedings. Courts look at things like the proposed guardian’s relationship with the child, their ability to provide care, and the child’s own wishes if they’re 14 or older. However, without a written nomination from you, there’s no roadmap, there’s no guidance on what you would have chosen as the parent.

Standby Guardianship

Illinois also lets you designate a “standby guardian”, which is someone who steps in if you become incapacitated rather than dying. This type of designation goes into effect upon a court’s finding that you’re unable to make day-to-day care decisions for your child. Standby guardianship is a separate designation from what you include in a will, and many parents don’t realize it exists.

At Gandhi Selim Law, we help Illinois parents put the right protections in place for their families. If you don’t yet have a guardianship nomination in your estate plan, or if you’re not sure whether what you have is still current, contact us to schedule a consultation.