Q: Emancipation + Illinois and whether it is possible for a 16 year old to be granted custody by their 26 year old sibling.
A:
How do your parents feel about this? If either parent objects, the court cannot declare you emancipated. Bear in mind that the purpose of the Emancipation of Minors Act "is to provide a means by which a mature minor who has demonstrated the ability and capacity to manage his own affairs and to live wholly or partially independent of his parents or guardian, may obtain the legal status of an emancipated person with power to enter into valid legal contracts." If you're emancipated, you don't need a guardian or to be in anyone's custody, as a rule.
Is your 26 year old sibling interested in custody, or a guardianship? They're different. I encourage you to sit down with a lawyer to discuss your options, because this forum doesn't permit the kind of give-and-take in a conversation that a lawyer normally uses to figure out what is in the best of the client.
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