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| Public Act 095-0568 |
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AN ACT concerning guardianship.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 10. The Probate Act of 1975 is amended by changing | ||||
Sections 11-5.4 and 11-13.2 as follows:
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(755 ILCS 5/11-5.4)
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Sec. 11-5.4. Short-term guardian.
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(a) A parent, adoptive parent, or adjudicated parent whose | ||||
parental
rights
have not been terminated,
or the guardian of | ||||
the person of a minor
may appoint in writing, without court | ||||
approval, a
short-term guardian of an unmarried minor or a | ||||
child likely to be born. The
written instrument appointing a | ||||
short-term guardian shall be dated and shall
identify the | ||||
appointing parent
or guardian,
the minor, and the person | ||||
appointed to be the
short-term guardian. The written instrument | ||||
shall be signed by, or at the
direction of, the appointing | ||||
parent in the presence of at least 2 credible
witnesses at | ||||
least 18 years of age, neither of whom is the person appointed | ||||
as
the short-term guardian. The person appointed as the | ||||
short-term guardian shall
also sign the written instrument, but | ||||
need not sign at the same time as the
appointing parent.
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(b) A parent or guardian shall not appoint a short-term | ||||
guardian of a
minor if the
minor has another living parent, | ||||
adoptive parent or adjudicated parent, whose
parental rights | ||
have not been terminated, whose whereabouts are known, and who
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is willing and able to make and carry out day-to-day child care | ||
decisions
concerning the minor, unless the nonappointing | ||
parent consents to the
appointment by signing the written | ||
instrument of appointment.
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(c) The appointment of the short-term guardian is effective | ||
immediately upon
the date the written instrument is executed, | ||
unless the written instrument
provides for the appointment to | ||
become effective upon a later specified date or
event. The | ||
short-term guardian shall have authority to act as guardian of | ||
the
minor as provided in Section 11-13.2 for a period of 365
60 | ||
days
from the date the appointment is effective, unless the | ||
written instrument
provides for the appointment to terminate | ||
upon an earlier specified date or
event. Only one written | ||
instrument appointing a short-term guardian may be in
force at | ||
any given time.
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(d) Every appointment of a short-term guardian may be | ||
amended or revoked by
the appointing parent or by the | ||
appointing guardian of the person of the
minor
at any time and | ||
in any manner communicated to the
short-term guardian or to any | ||
other person. Any person other than the
short-term guardian to | ||
whom a revocation or amendment is communicated or
delivered | ||
shall make all reasonable efforts to inform the short-term | ||
guardian
of that fact as promptly as possible.
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(e) The appointment of a short-term guardian or successor | ||
short-term
guardian does not affect the rights of the other | ||
parent in the minor.
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(f) The written instrument appointing a short-term | ||
guardian may, but need
not, be in the following form:
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APPOINTMENT OF SHORT-TERM GUARDIAN
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[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
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By properly completing this form, a parent or the guardian
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of the person of the child is appointing a guardian of
a child | ||
of the parent
(or a minor ward of the guardian, as the case may | ||
be)
for a period of up to 365
60 days. A separate form should be
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completed for each child. The person appointed as
the guardian | ||
must sign the form, but need not do so at the same time as the
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parent or parents or guardian.
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This form may not be used to appoint a guardian if there is | ||
a guardian
already appointed for the child, except that if
a | ||
guardian of the person of the child has
been appointed, that | ||
guardian may use this form to appoint a
short-term guardian.
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Both living parents of a child may together
appoint a guardian | ||
of the child, or the
guardian of the person of the child may
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appoint a guardian of the child,
for a period
of up to 365
60 | ||
days through the use
of this form.
If the short-term guardian | ||
is appointed by both living parents of the
child,
the parents | ||
need not sign the form at the same time.]
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1. Parent
(or guardian)
and Child. I, (insert name of | ||
appointing parent
or guardian), currently
residing at | ||
(insert address of appointing parent
or guardian), am a | ||
parent
(or the guardian of the
person)
of
the following
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child (or of a child likely to be born): (insert name and | ||
date of birth of
child, or insert the words "not yet born" | ||
to appoint a short-term guardian for
a child likely to be | ||
born and the child's expected date of birth).
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2. Guardian. I hereby appoint the following person as | ||
the short-term
guardian for the child: (insert name and | ||
address of appointed
person).
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3. Effective date. This appointment becomes effective: | ||
(check one if you
wish it to be applicable)
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( ) On the date that I state in writing that I am | ||
no longer either
willing or able to make and carry out | ||
day-to-day child care decisions
concerning the child.
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( ) On the date that a physician familiar with my | ||
condition certifies
in writing that I am no longer | ||
willing or able to make and carry out day-to-day
child | ||
care decisions concerning the child.
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( ) On the date that I am admitted as an in-patient | ||
to a hospital or
other health care institution.
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( ) On the following date: (insert date).
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( ) Other: (insert other).
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[NOTE: If this item is not completed, the appointment is | ||
effective
immediately upon the date the form is signed and | ||
dated below.]
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4. Termination. This appointment shall terminate 365
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60 days after the
effective date, unless it terminates | ||
sooner as determined by the event or date
I have indicated | ||
below: (check one if you wish it to be applicable)
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( ) On the date that I state in writing that I am | ||
willing and able to
make and carry out day-to-day child | ||
care decisions concerning the
child.
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( ) On the date that a physician familiar with my | ||
condition certifies
in writing that I am willing and | ||
able to make and carry out day-to-day child
care | ||
decisions concerning the child.
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( ) On the date that I am discharged from the | ||
hospital or other health
care institution where I was | ||
admitted as an in-patient, which established the
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effective date.
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( ) On the date which is (state a number of days, | ||
but no more than 365
60
days) days after the effective | ||
date.
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( ) Other: (insert other).
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[NOTE: If this item is not completed, the appointment will be | ||
effective for a
period of 365
60 days, beginning on the | ||
effective date.]
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5. Date and signature of appointing parent
or guardian. | ||
This
appointment is made
this (insert day) day of (insert | ||
month and year).
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Signed: (appointing parent)
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6. Witnesses. I saw the parent
(or the guardian of the
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person of the child)
sign this instrument or I saw the | ||
parent
(or the guardian of the
person of the child) direct
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someone to sign this instrument for the parent
(or the | ||
guardian). Then I
signed this
instrument as a witness in | ||
the presence of the parent (or the
guardian). I am not | ||
appointed in
this instrument to act as the short-term | ||
guardian for the child.
(Insert space for names, addresses, | ||
and signatures of 2 witnesses)
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7. Acceptance of short-term guardian. I accept this | ||
appointment as
short-term guardian on this (insert day) day | ||
of (insert month and year).
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Signed: (short-term guardian)
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8. Consent of child's other parent. I, (insert name of | ||
the child's other
living parent), currently residing at | ||
(insert address of child's other living
parent), hereby | ||
consent to this appointment on this (insert day) day of
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(insert month and year).
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Signed: (consenting parent)
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[NOTE: The signature of a consenting parent is not necessary if | ||
one of the
following applies: (i) the child's other parent has | ||
died; or (ii) the
whereabouts of the child's other parent are | ||
not known; or (iii) the child's
other parent is not willing or | ||
able to make and carry out day-to-day child care
decisions | ||
concerning the child; or (iv) the child's parents were never | ||
married
and no court has issued an order establishing | ||
parentage.]
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(Source: P.A. 90-796, eff. 12-15-98.)
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(755 ILCS 5/11-13.2)
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Sec. 11-13.2. Duties of short-term guardian of a minor.
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(a) Immediately upon the effective date of the appointment | ||
of a short-term
guardian, the short-term guardian shall assume | ||
all duties as short-term
guardian of the minor as provided in | ||
this Section. The short-term guardian of
the person shall have | ||
authority to act as short-term guardian, without
direction of | ||
court, for the duration of the appointment, which in no case | ||
shall
exceed a period of 365
60 days. The authority of the | ||
short-term guardian may be
limited or terminated by a court of | ||
competent jurisdiction.
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(b) Unless further specifically limited by the instrument | ||
appointing the
short-term guardian, a short-term guardian | ||
shall have the authority to act as a
guardian of the person of | ||
a minor as prescribed in Section 11-13, but shall not
have any | ||
authority to act as guardian of the estate of a minor, except | ||
that a
short-term guardian shall have the authority to apply | ||
for and receive on behalf
of the minor benefits to which the | ||
child may be entitled from or under federal,
State, or local | ||
organizations or programs.
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(Source: P.A. 88-529.)
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