Illinois § 11-3 Who may act as guardian

Illinois Statutes

§ 11-3 — Who may act as guardian

Illinois § 11-3

JurisdictionIllinois

TopicRIGHTS AND REMEDIES

Ch. 755ESTATES

Act 755 ILCS 5/Probate Act of 1975.

Art.Article XI - Minors

This text of Illinois § 11-3 (Who may act as guardian) 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. 11-3 (2026).

Text

(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

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(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.