Public Act 095-0568
 
HB0913 Enrolled LRB095 05123 AJO 25193 b

    AN ACT concerning guardianship.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 10. The Probate Act of 1975 is amended by changing
Sections 11-5.4 and 11-13.2 as follows:
 
    (755 ILCS 5/11-5.4)
    Sec. 11-5.4. Short-term guardian.
    (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.
    (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
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.
    (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.
    (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.
    (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.
    (f) The written instrument appointing a short-term
guardian may, but need not, be in the following form:
 
APPOINTMENT OF SHORT-TERM GUARDIAN

 
    
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
    By properly completing this form, a parent or the guardian
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
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
parent or parents or guardian.
    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.
Both living parents of a child may together appoint a guardian
of the child, or the guardian of the person of the child may
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.]
        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
    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).
        2. Guardian. I hereby appoint the following person as
    the short-term guardian for the child: (insert name and
    address of appointed person).
        3. Effective date. This appointment becomes effective:
    (check one if you wish it to be applicable)
            ( ) 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.
            ( ) 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.
            ( ) On the date that I am admitted as an in-patient
        to a hospital or other health care institution.
            ( ) On the following date: (insert date).
            ( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment is
effective immediately upon the date the form is signed and
dated below.]
        4. Termination. This appointment shall terminate 365
    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)
            ( ) 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.
            ( ) 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.
            ( ) 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
        effective date.
            ( ) On the date which is (state a number of days,
        but no more than 365 60 days) days after the effective
        date.
            ( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment will be
effective for a period of 365 60 days, beginning on the
effective date.]
        5. Date and signature of appointing parent or guardian.
    This appointment is made this (insert day) day of (insert
    month and year).
            Signed: (appointing parent)
        6. Witnesses. I saw the parent (or the guardian of the
    person of the child) sign this instrument or I saw the
    parent (or the guardian of the person of the child) direct
    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)
        7. Acceptance of short-term guardian. I accept this
    appointment as short-term guardian on this (insert day) day
    of (insert month and year).
            Signed: (short-term guardian)
        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
    (insert month and year).
            Signed: (consenting parent)
[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.]
(Source: P.A. 90-796, eff. 12-15-98.)
 
    (755 ILCS 5/11-13.2)
    Sec. 11-13.2. Duties of short-term guardian of a minor.
    (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.
    (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.
(Source: P.A. 88-529.)