Public Act 099-0599
 
HB4327 EnrolledLRB099 15125 HEP 39346 b


  
    AN ACT concerning children.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Probate Act of 1975 is amended  by changing 
Section 11-5.4 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.  Except 
as provided in subsection (e-5) or (e-10) of this Section, 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 
days
from the date the appointment is effective, unless the 
written instrument
provides for the appointment to terminate 
upon a different an earlier specified date or
event as 
permitted by this Section. 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. The short-term guardian appointment does 
not constitute consent for court appointment of a guardian. 

    (e-5) Any time after the appointment of a temporary 
custodian under Section 2-10, 3-12, 4-9, 5-410, or 5-501 of the 
Juvenile Court Act of 1987, and after notice to all parties, 
including the short-term guardian, as required by the Juvenile 
Court Act of 1987, a court may vacate any short-term 
guardianship for the minor appointed under this Section, 
provided the vacation is consistent with the minor's best 
interests as determined using the factors listed in paragraph 
(4.05) of Section 1-3 of the Juvenile Court Act of 1987.
    (e-10) A parent or guardian who is a member of the Armed 
Forces of the United States, including any reserve component 
thereof, or the commissioned corps of the National Oceanic and 
Atmospheric Administration or the Public Health Service of the 
United States Department of Health and Human Services detailed 
by proper authority for duty with the Armed Forces of the 
United States, or who is required to enter or serve in the 
active military service of the United States under a call or 
order of the President of the United States or to serve on 
State active duty, may appoint a short-term guardian for a 
period of longer than 365 days if on active duty service. The 
writing appointing the short-term guardian under this 
subsection shall include the dates of the parent's or 
guardian's active duty service, and the appointment may not 
exceed the term of active duty plus 30 days.
    (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 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.

    If you are a parent or guardian who is a member of the 
Armed Forces of the United States, including any reserve 
component thereof, or the commissioned corps of the National 
Oceanic and Atmospheric Administration or the Public Health 
Service of the United States Department of Health and Human 
Services detailed by proper authority for duty with the Armed 
Forces of the United States, or who is required to enter or 
serve in the active military service of the United States under 
a call or order of the President of the United States or to 
serve on State active duty, you may appoint a short-term 
guardian for your child for the period of your active duty 
service plus 30 days. When executing this form, include the 
date your active duty service is scheduled to begin in part 3 
and the date your active duty service is scheduled to end in 
part 4. 
    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 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).
            ( ) On the date my active duty service begins: 
        (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 
    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, but not more than 
        365

days after the effective date.


            ( ) 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, but not more than 365


        days after the effective date.


            ( ) 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, but not more than 365

days after the 
        effective date.


            ( ) On the date which is (state a number of days, 
        but no more than 365

days) days after the effective 
        date.

            ( ) On the date no more than 30 days after my 
        active duty service is scheduled to end: (insert date 
        active duty service is scheduled to end).

            ( ) Other: (insert other).

[NOTE: If this item is not completed, the appointment will be 
effective for a
period of 365 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. 98-568, eff. 1-1-14; 98-1082, eff. 1-1-15.)