ABOUT THE GUIDE

Make a plan to protect your family.

We designed a guide to help you and your family plan for an emergency, like being detained by La Migra (ICE), getting sick, or having to leave home suddenly.

Download the guide

Protect your property.

The Power of Attorney for Property is a legal document that allows you to temporarily authorize someone to manage your financial and property-related affairs.

Learn more

Protect your children.

Short-Term Guardianship is a legal document that allows you to temporarily authorize someone to take care of your children and make decisions for them if you can't.

Learn more

Power of Attorney for Property

Setting up a PoA helps you make a plan in case of emergency, which means less stress later and more peace of mind for you and your family.

Download the Illinois PoA Form

PoA FAQ

PoA Resources

Step 1

Choose someone you trust (“Agent”) – pick a reliable person who understands your wishes.

How To Select A Guardian

Step 2

Decide what responsibilities they’ll have – a POA can be broad or limited based on what you need.

Step 3

Make it official – get the document notarized.

Step 4

Share it with the right people – make sure your “Agent,” bank, or other important agencies knows about it.

Step 5

Save it - have your agent save the document in a safe place.

PoA Walkthrough

What is a Power of Attorney (PoA) for Property?

Power of Attorney for Property is an important lifetime planning form that allows you to select a person you trust to make financial decisions and handle your property on your behalf if you are incapacitated, ill, detained or deported.

When do I need a PoA for Property?

If you are detained/deported and:

If you no longer have access to your bank accounts;
If you cannot pay your bills yourself; or
If you can no longer handle your property, such as your house or car.

Who is the “Principal”?

You are the Principal. You will choose an “Agent” who can handle your financial affairs and property.
To choose an Agent, you must be:
- At least 18 years old; and
- Mentally competent.

Who is the “Agent”?

The Agent is a trusted individual who you choose to take charge of your financial and property affairs if you are no longer able to.
The Agent is also known as your “attorney-in-fact”.

How do I choose an Agent?

Choose someone you trust.
Someone willing and competent to manage your property/finances if you cannot.
Someone not likely to become incapacitated, detained, or deported.

What decisions can the agent make regarding my financial affairs / property?

You decide what powers to give the agent.
The decisions an agent can make include, but are not limited to:
- Pay bills
- Run a business
- Buy or sell real estate
- Control a bank account or safe deposit box
- Contribute to and withdraw from a retirement plan
- Handle an insurance policy
- Mortgage property
- Borrow money
- Handle tax issues
- Hire a lawyer
- Manage Social Security, unemployment, disability, and military benefits

How long does a PoA last, and can it be modified?

The PoA can last your lifetime, unless you include a termination date when you execute the Form (“Statutory Power of Attorney for Property”).
You can change the Agent at any time and revoke the PoA; however, you cannot change the Agent if you can no longer make decisions for yourself.

I live outside of Illinois, can I use this form?

The Power of Attorney form shared here is only valid in the state of Illinois.

Additional PoA Resources

Protecting Your Property and Finances in Case of Detention and Deportation

Learn more

Power of Attorney for Property basics

Learn more

Short-Term Guardianship

Setting up a short-term guardianship helps you make a plan in case of emergency, which means less stress later and more peace of mind for you and your family.

Download STG Form

STG FAQ

STG Resources

Step 1

Choose who (the person(s)) you want to select as your short term guardian for each of your children.

Learn more

Step 2

Decide when you want the short-term guardianship to begin and end.

Learn more

Step 3

Complete the Appointment of Short Term Guardianship Form. Make sure to fill out a form for each of your children. Have both legal parents sign the form alongside two witnesses. For single-parent households, only one signature is needed. Your witnesses cannot be the same people you assign as short term guardians.

Download Form

Step 4

Submit the form and explain to your children your family preparedness plan.

What is a
Short-Term Guardianship (STG)?

Short-term guardianship is a simple legal tool that lets you choose someone you trust to care for your child if you become unavailable—such as being detained or other emergency. It doesn’t require court approval or a lawyer, and the guardian can be anyone you choose, even if they’re undocumented. They’ll be able to make important decisions about your child’s care for up to 365 days, and the agreement can be renewed. This is an important tool for protecting your family and is best set up ahead of time.

What are the short-term guardian’s responsibilities?

The short-term must ensure that your child 1) receives medical care, 2) attends school 3) is fed, 4) is housed and 5) is clothed.
Agree to the parents’ caretaking plan for their child(ren).
The short-term guardian’s duties begin on the effective date of the short-term guardianship.
Decisions the short-term guardian can do on behalf of your child(ren):
- Government benefits - A short-term guardian can apply for and receive on behalf of the child government benefits for which the child may be entitled under federal, State, or local programs.
- Legal proceedings - A short-term guardian can represent the child in legal proceedings or find counsel for the child.
- Medical treatment - A short-term guardian can consent to medical treatment for the child.
- Marriage and Armed Forces - A short-term guardian can consent to the marriage of the child or enlistment in the armed forces, if required by law.

A short-term guardian cannot have control over your child’s money or property.

When does short-term guardianship start?

The short-term guardianship takes effect immediately when signed by all the required parties.
Alternatively, the short-term guardianship can begin (take effect) at a set time or when a specific event happens, for example - arrest, detention, removal or deportation.

When does short-term guardianship end?

The short-term guardianship may be revoked by either parent at any time (even before the end date stated on the Form).
The short-term guardianship cannot last longer than 365 days.
The short-term guardianship can be renewed for an additional 365 days.
The short-term guardianship may end when an event happens, for example - immediately upon the parent’s release from detention.
Upon termination by a court. A court can also limit the short-term guardian’s authority.
When the child becomes 16 years old?

Who can be a short-term guardian in Illinois?

Be at least 18 years old
Be a resident of the United States (some courts will appoint undocumented individuals)
Be of sound mind
Not be legally disabled
Not have a felony conviction that involved harm or threat to a child
A witness cannot be the person appointed short-term guardian

How do I choose a short-term guardian?

The person should be someone the parents/children know and trust.
The guardian should be able to provide stable, secure housing and food to your child.
The guardian should be willing to return your children upon your request.
The guardian should be willing to take your child to school. It is helpful if the guardian lives in the same school district.
The guardian should be willing to take your child to their doctor and medical appointments.
Appoint a short-term guardian who would meet the legal standards for plenary or long-term guardianship in the case of deportation

I live outside of Illinois, can I use this form?

The STG form shared here is only valid in the state of Illinois.

How will Short-Term Guardianship (STG) impact me?

What happens if I am detained without a short-term guardian?

You can prepare a short-term guardianship form while detained or after deportation.

What are the rights of the other parent?

Either parent can revoke a short term guardianship at any time.

I have multiple minors / children. What do I do in this situation?

Separate forms must be completed for each minor / child

I am pregnant. Can an unborn baby be appointed a short-term guardian?

Yes, you can appoint a short-term guardian for your unborn baby.

How does short-term guardianship apply if my children are undocumented?

Consult with an immigration attorney.

Can STG travel with minor / child? Can STG buy plane tickets, obtain passports for the child, accompany minor / child on the plane, can they travel outside of the country / within the country etc.

It is unlikely someone with a short term guardianship would be allowed by the airlines or immigration to send or take children out of the country.
However, someone who has court-ordered guardianship will probably be allowed to send or take a child out of the country.

What should I tell my children about short-term guardianship?

Make sure your children have memorized the name and phone number of their short-term guardian.
Reassure your children they will be cared for by the guardian.