Minor Guardianships

A Guardianship for a minor is begun the same way as one for a disabled adult – by filing a petition for the appointment of a Guardian for the minor.  The court, on its own motion may also appoint a Guardian for a minor.

A minor is a person who is less than 18 years of age.  The appropriate place to establish a guardianship for a minor is in the court of the county where the minor resides or if the minor does not reside in Illiniois, then the appropriate place is in the county where the minor owns real or personal property.

The same qualifications apply to a minor’s guardian as to an adult guardian.

When does a minor need a guardian of the person?

When a minor does not have living parents or does not have a parent who can be found or when a parent is unable or unwilling to care for that minor.

When does a minor need a guardian of his or her estate?

When the minor is about to or has received property or money in the amount of more than $5,000.00, such as an insurance or personal injury settlement or by inheritance.  The mere entitlement or receipt of social security benefits does not require a guardianship of the estate of a minor.

The procedure in DuPage County for establishing a minor guardianship essentially follows that above procedure for establishing an adult guardianship. An excellent article about minor guardianships can be found on the Lake County Web site.  The address of this site is: http://www.19thcircuitcourt.state.il.us/bkshelf/guardian/guardian.htm

In DuPage County a Plenary Guardian for a Minor must file an annual report with the

Court, unless expressly excused from filing one by the Court.  Although DuPage County has many forms on line, the form for the Annual Account of a Plenary Guardian of a Minor's Estate has to be obtained from Judge Dudgeon's Secretary or HERE.