These resources are intended to help families plan ahead to ensure the safety of children and other dependents following the deportation of a parent or caretaker. Family law is different in each state. The documents linked below address questions about guardianships under Illinois and Indiana law. These documents are intended to provide general guidance and should not be interpreted as legal advice.
Guardianship
Download state-specific guidance:
Illinois | Indiana
What is a guardian?
A guardian is an adult who is not a child’s parent who is legally allowed to care for the child the way a parent would. A guardian is required to make sure the child gets medical care, goes to school, and is fed, housed, and clothed. A guardian may usually act as a parent until the child is 18 years of age.
Should I appoint a guardian for my children if I fear immigration detention or deportation?
You should think about who will care for your children if you are detained or deported. This is an essential part of safety planning. However, not everyone will need a court-appointed legal guardian. You should be aware that a guardianship will give the guardian the right to make decisions concerning your children, including whether to allow your children to see you. It may be difficult to terminate a guardianship if you change your mind. You should consult with an attorney before seeking a guardianship.
Power of Attorney
Download state-specific guidance:
Indiana
What is a Power of Attorney?
A Power of Attorney document is a written document that grants a designated person (your “Agent”) authority to act on behalf of the person giving the POA in some matters. The authority of the Agent may be broad or limited and may allow decisions regarding finances, medical treatment, and/or property. A POA is not a standardized, “one size fits all” form. POAs are not guardianships and an Agent who has authority under a POA is usually not authorized to care for or make decisions on behalf of one’s children.
Should I establish a power of attorney if I fear immigration detention or deportation?
Not everyone needs a POA. Each person should consider whether a POA is right for them based on their individual circumstances. A POA may be useful because it can be used to allow a trusted friend or family member to access your bank account. If you do not have a bank account in the United States or other substantial financial assets, there may not be a compelling reason to complete a POA. Many banks allow customers to manage their accounts from outside the United States, so if someone is deported, they will generally be able to access their resources from abroad.