Temporary vs. Permanent Guardianship in Illinois: What Parents Need to Know

When unexpected circumstances arise, parents and caregivers may need to designate someone else to care for their child — whether for a few weeks or for the foreseeable future. In Illinois, this is where temporary and permanent guardianship come into play.

Understanding the difference between these two legal arrangements is critical. At Wendy Calvert Law Office, P.C., we help families across Chicago and Cook County establish guardianship plans that protect both children and their long-term stability.

🧾 What Is Guardianship in Illinois?

Guardianship is a legal process that grants an adult (the guardian) the authority to make decisions on behalf of a minor (under age 18) or an incapacitated adult. This includes decisions about:

• Education

• Health care

• Living arrangements

• Financial matters (if applicable)

In Illinois, guardianship must be established through the court system, and it can be temporary or permanent depending on the family’s situation.

⏳ What Is Temporary Guardianship?

Definition:

Temporary guardianship is a short-term legal arrangement where a non-parent (often a grandparent, aunt, or trusted adult) is given limited authority to make decisions for a child.

When Is It Used?

Temporary guardianship is common in situations such as:

• A parent is traveling abroad or deployed for military service

• A parent is hospitalized or undergoing treatment

• The child needs immediate placement for safety

• A parent is incarcerated or temporarily unable to care for the child

• Emergency situations where court approval is needed quickly

In Illinois, temporary guardianship of a minor typically lasts up to 60 days and must be approved by the Cook County Probate Court or relevant circuit court.

Legal Requirements:

To establish temporary guardianship in Chicago or elsewhere in Illinois, the petitioner must:

• File a petition with the court

• Show immediate need for temporary guardianship

• Have consent (when possible) from the child’s parent(s)

• Pass a background check and court evaluation (if required)

📌 At Wendy Calvert Law Office, P.C., we help you prepare the petition, gather supporting documents, and appear in court to expedite urgent guardianship cases in Chicago.

📜 What Is Permanent Guardianship?

Definition:

Permanent guardianship refers to a longer-term or indefinite legal arrangement where the guardian takes full responsibility for a child’s well-being — often until the child turns 18.

When Is It Used?

Permanent guardianship may be appropriate when:

• A parent has passed away

• The parent is unfit or unwilling to care for the child

• The parent has a long-term illness or mental health condition

• There’s ongoing substance abuse or instability in the home

• DCFS or the court recommends permanent placement with a relative or foster guardian

Unlike adoption, permanent guardianship does not terminate parental rights, but it does give the guardian legal authority to make day-to-day and major decisions for the child.

🔁 Transitioning from Temporary to Permanent Guardianship

In many cases, temporary guardianship serves as a stepping stone to more permanent arrangements — especially when the child’s long-term care needs become clear over time.

To move from temporary to permanent guardianship:

1. The current guardian must petition the court for permanent status.

2. The court evaluates the child's best interests, including:

   • Safety and stability

   • Guardian’s capacity

   • Ongoing parental involvement

3. A formal hearing is scheduled.

4. The judge may issue an order of permanent guardianship.

⚖️ Our Chicago guardianship attorneys ensure that every legal step is completed accurately and advocate for your family during the hearing process.

🛡️ Why Work with Wendy Calvert Law Office, P.C.?

At Wendy Calvert Law Office, P.C., we understand that guardianship cases are often emotional, urgent, and deeply personal. Whether you’re seeking guardianship of a grandchild, niece, or a close family friend’s child, we help you:

✅ Understand your legal options
✅ Prepare and file guardianship petitions
✅ Represent you in Cook County Probate Court
✅ Provide ongoing legal support for modifications or disputes

We proudly serve families across Chicago, IL and specialize in guardianship law, family law, and probate matters.