Illinois § 11-13.1 Duties of standby guardian of a minor

Illinois Statutes

§ 11-13.1 — Duties of standby guardian of a minor

Illinois § 11-13.1

JurisdictionIllinois

TopicRIGHTS AND REMEDIES

Ch. 755ESTATES

Act 755 ILCS 5/Probate Act of 1975.

Art.Article XI - Minors

This text of Illinois § 11-13.1 (Duties of standby guardian of a minor) is published on Counsel Stack Legal Research, covering Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

755 Ill. Comp. Stat. 11-13.1 (2026).

Text

(a)Before a standby guardian of a minor may act, the standby guardian must be appointed by the court of the proper county and, in the case of a standby guardian of the minor's estate, the standby guardian must give the bond prescribed in subsection (d) of Section 11-5.3 and Section 12-2.

(b)The standby guardian shall not have any duties or authority to act until the standby guardian receives knowledge of:

(i)the death or consent of the minor's parent or parents or of the guardian of the person of the minor;

(ii)the inability of the minor's parent or parents or of the guardian of the person of the minor to make and carry out day-to-day child care decisions concerning the minor for whom the standby guardian has been appointed; or (iii) an administrative separation. This inability to make

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(a) Before a standby guardian of a minor may act, the standby guardian must be appointed by the court of the proper county and, in the case of a standby guardian of the minor's estate, the standby guardian must give the bond prescribed in subsection (d) of Section 11-5.3 and Section 12-2. (b) The standby guardian shall not have any duties or authority to act until the standby guardian receives knowledge of: (i) the death or consent of the minor's parent or parents or of the guardian of the person of the minor; (ii) the inability of the minor's parent or parents or of the guardian of the person of the minor to make and carry out day-to-day child care decisions concerning the minor for whom the standby guardian has been appointed; or (iii) an administrative separation. This inability to make and carry out day-to-day child care decisions may be communicated either by the parent's or the guardian's own admission or by the written certification of the parent's or guardian's attending physician. Immediately upon receipt of that knowledge, the standby guardian shall assume all duties as guardian of the minor as previously determined by the order appointing the standby guardian, and as set forth in Section 11-13, and the standby guardian of the person shall have the authority to act as guardian of the person without direction of court for a period of up to 60 days, provided that the authority of the standby guardian may be limited or terminated by a court of competent jurisdiction. (c) Within 60 days of the standby guardian's receipt of knowledge of (i) the death or consent of the minor's parent or parents or guardian or (ii) the inability of the minor's parent or parents or guardian to make and carry out day-to-day child care decisions concerning the minor, the standby guardian shall file or cause to be filed a petition for the appointment of a guardian of the person or estate, or both, of the minor under Section 11-5.