How do I make someone the guardian of my child?

Dear Anonymous, In Illinois, where I practice, the Probate Statute (755 ILCS 5/11-5) states a parent whose parental rights have not been terminated, may designate in any writing, including a will, a person qualified to be appointed as guardian (and successor guardian) of the person (handles the day to day aspects) or estate (handles the money), or both, of an unmarried minor or of a child likely to be born.  The writing must be witnessed (signed) by two or more credible witnesses at least 18 years of age, neither of whom can be the person designated as the guardian....date the writing and get it notarized.  Please note that this designation of a guardian (or successor guardian) does not affect the rights of the other parent of the minor. So basically what all the above means is you can designate a guardian to take over parenting now while you are alive if necessary/desired by providing the probate court with a signed witnessed writing OR you can designate someone to take over parenting for you upon your death by use of a will or a writing with the same formalities of a will.  Typically, a petition for guardianship has to be filed.  Why?  Because the court has to make a determination if the person seeking guardianship is qualified to serve and if such is in the best interest of the child.  The court will not even hear a petition if there is a living parent whose rights have not been terminated and whose whereabouts are known and he/she are willing and able to make and carry out day to day child care decisions concerning the minor (rebuttable presumption), unless: 1) the parent or parents voluntarily relinquished physical custody; 2) after receiving notice of the hearing, the parent(s) fail to object to the appointment at the hearing on the petition; or 3) the parent(s) consent to the appointment as evidenced by a written document that has been notarized and dated, or by a personal appearance and consent in open court. Best of wishes to you and hope the above helps.