How to Fill Out the Illinois Designation of Standby Guardian Form

The Illinois Designation of Standby Guardian form is a one-page document that lets a parent name someone to care for a minor child if the parent dies, becomes unable to make day-to-day decisions, or consents to hand off caregiving. You fill in your information, your child’s information, the person you’re choosing, and (optionally) a backup; then you sign in front of two adult witnesses who are not the person you named. The form is available from the Illinois Guardianship and Advocacy Commission and follows the statutory format in 755 ILCS 5/11-5.3.¹

Who Can Sign the Designation

Illinois limits who is allowed to make this designation. Under 755 ILCS 5/11-5.3, you can designate a standby guardian if you are a parent, an adoptive parent, an adjudicated parent whose parental rights have not been terminated, or the current guardian of the child’s person.²

One parent’s designation does not cut off the other parent’s rights. If the child has another living parent who is willing and able to care for the child, a court reviewing the designation later will not proceed unless that parent consents or fails to object after receiving notice of the hearing.²

The person you name must be qualified to act as a guardian under Section 11-3 of the Probate Act, which in practice means an adult the court finds suitable to serve the child’s best interests. You can also name a successor standby guardian who steps in if your first choice becomes unable or unwilling to serve.

What to Have Ready Before You Fill It Out

Gather the following before you sit down with the form:

Your full legal name and address.
Each minor child’s full name and date of birth.¹
The standby guardian’s full name, current address, and telephone number.
The successor standby guardian’s full name, address, and phone, if you’re naming one.
Two adult witnesses (18 or older), neither of whom is the person you’re naming as standby guardian.

You also need to decide the scope of authority. Illinois lets you designate a standby guardian of the child’s person, the child’s estate, or both.² Guardianship of the person covers daily care, housing, education, and medical decisions. Guardianship of the estate covers the child’s financial assets and property. Most parents choose both. If your child has significant assets already managed by a separate trustee, you might limit the standby guardian to the person only.

Filling In Each Section

The official form tracks the statutory format in 755 ILCS 5/11-5.3. You are not strictly required to use this exact form. The statute says the designation “may, but need not, be in the following form,” so any written document that contains the required information and is properly witnessed can work, including a will.² Using the Commission’s version is the safest way to hit every required element.

Work through the form top to bottom:

At the top, enter your name and address as the designator.
List each minor child by full name and date of birth.
Write in the standby guardian’s name, telephone number, and address.
If you’re naming a backup, fill in the successor standby guardian’s information in the section provided.
Indicate whether the designation covers the child’s person, the child’s estate, or both.

The form leaves room for specific limitations or expansions of authority. You can, for example, restrict the guardian from relocating the child out of state, or specifically grant authority to access a particular bank account on the child’s behalf. If you don’t need to add anything, leave that space blank.

Signing and Witnesses

The designation must be signed by you and witnessed by at least two credible witnesses who are 18 or older.² Neither witness can be the person you are naming as standby guardian. Both witnesses should be present when you sign, and each should then sign, print their name, and write their address on the form.

Notarization is not required. For added protection, the statute treats a designation “executed and attested in the same manner as a will” as prima facie valid, meaning a court will presume it authentic unless someone challenges it with evidence.² Illinois wills require the signer to sign in the presence of two witnesses, who then sign in each other’s presence. Following that same protocol strengthens the document if its validity is ever questioned.

Once signed, give a copy to the standby guardian and keep the original somewhere safe but accessible. The guardian will need the original or a copy to present to schools, hospitals, or the court if the time comes.

When the Designation Takes Effect

Signing does not put anyone in charge of your child. The standby guardian has no duties and no authority until they learn of a triggering event. Under 755 ILCS 5/11-13.1, authority activates when the guardian gains knowledge that:

The parent or guardian has died. A death certificate paired with the designation is the evidence the standby guardian uses to establish authority.
The parent or guardian has consented. A living parent can voluntarily hand off day-to-day care through written consent.
The parent or guardian is unable to make day-to-day child care decisions because of physical or mental incapacity. A written determination from a physician documenting that inability typically serves as proof for schools, medical providers, and the court.³

The clock starts when the standby guardian learns of the event, not when the event itself happens. If a parent dies but the standby guardian doesn’t find out for two weeks, deadlines run from the date the guardian learned of the death.

The 60-Day Court Filing After Activation

The form alone does not create a permanent court-ordered guardianship. Once activated, the standby guardian has to file a petition for appointment of a guardian in the circuit court of the county where the child lives. Section 11-13.1 of the Probate Act sets a firm 60-day deadline running from the date the guardian learned of the parent’s death, consent, or inability to care for the child.³

Missing the 60-day window can cost the standby guardian their temporary authority and leave the child’s care in limbo. Filing fees for minor guardianship petitions in Illinois are currently $0. The Illinois Supreme Court moved minor guardianship cases to a fee schedule that sets both filing and appearance fees at zero.⁴ The judge then reviews the original designation, confirms the triggering event, and evaluates whether the guardianship serves the child’s best interests. If the child has another living parent whose rights have not been terminated, that parent must consent or, at minimum, receive notice and fail to object.²

Changing or Revoking the Designation

You can revoke or replace the designation at any time before a court has acted on it, as long as you are competent. The clean approach is to execute a new designation using the same witness requirements, state clearly that it revokes all prior designations, destroy copies of the old form, and tell the previously named guardian they’ve been replaced.

If a court has already appointed the standby guardian, undoing it takes a separate court proceeding. A petition to terminate or limit the guardian’s authority goes back to the judge, who decides based on the child’s best interests. A new form on its own will not unwind a court-ordered guardianship.

Mistakes That Invalidate the Form

The most frequent problem is letting the designated standby guardian sign as one of the two witnesses. The statute prohibits it, and it will invalidate the document.² Any two adults who are not the person you’re naming will do.

Another common error is filling the form out and never telling the person you named. The designation does nothing if the standby guardian doesn’t know they were chosen or where the document is. Have a direct conversation, hand over a copy, and say where the original is kept.

Only children specifically listed on the form are covered. If you have another child after signing, execute a new designation that includes that child. The same goes for addresses. Outdated contact information can delay the court process at the worst possible moment.

1
Guardianship and Advocacy Commission. Illinois Standby Guardian Designation Form
2
Illinois General Assembly. Illinois Compiled Statutes 755 ILCS 5/11-5.3
3
Illinois General Assembly. Illinois Compiled Statutes 755 ILCS 5/11-13.1
4
State of Illinois Office of the Illinois Courts. Illinois Supreme Court Eliminates Fees in Minor Guardianship and Small Claims Cases