In some family situations, the biological parents may be unable to care for their child. The parents may be deceased, in prison, out of the country on military duty, incapacitated due to illness, or simply absent or unfit. In these cases, other adults or family members may offer to provide care. Elderly adults or those who are mentally or physically disabled may also require the care of friends or relatives. In some scenarios, the person doing the caretaking may wish to seek legal guardianship. This offers all parties certain legal protections, allowing them to make decisions related to finances, living arrangements, education, and healthcare. 

What Are the Requirements for Guardianship?

According to Illinois law, a person must meet several requirements to be considered for guardianship. It is important to note the guardian does not have to be related to the child. The conditions that need to be met include all of the following: 

• Be 18 years old or older;
• Be a resident of the United States (courts may appoint immigrants who are undocumented in some cases);
• Be of sound mind;
• Not disabled by legal definition; and
• Not convicted of a felony that involved harm or threat to a child.

What Are the Types of Guardianship for a Child?

Legal guardianship allows a person who is not a parent make important decisions for a child, just as a parent normally would. There are several types of guardianship: