Rep. Jennifer Gong-Gershowitz

Filed: 3/4/2019

 

 


 

 


 
10100HB0836ham001LRB101 07246 LNS 57145 a

1
AMENDMENT TO HOUSE BILL 836

2    AMENDMENT NO. ______. Amend House Bill 836 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Probate Act of 1975 is amended by changing
5Sections 11-1, 11-5, 11-5.3, 11-5.4, 11-8, 11-8.1, and 11-13.1
6as follows:
 
7    (755 ILCS 5/11-1)  (from Ch. 110 1/2, par. 11-1)
8    Sec. 11-1. Definitions. As used in this Article: Minor
9defined.)
10    "Administrative separation" means a parent's, legal
11guardian's, legal custodian's, or primary caretaker's: (1)
12arrest, detention, incarceration, removal, or deportation in
13connection with federal immigration enforcement; or (2)
14receipt of official communication by federal, State, or local
15authorities regarding immigration enforcement that gives
16reasonable notice that care and supervision of the child by the

 

 

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1parent, legal guardian, legal custodian, or primary caretaker
2will be interrupted or cannot be provided.
3    "Minor" means A minor is a person who has not attained the
4age of 18 years. A person who has attained the age of 18 years
5is of legal age for all purposes except as otherwise provided
6in the Illinois Uniform Transfers to Minors Act.
7(Source: P.A. 84-915.)
 
8    (755 ILCS 5/11-5)  (from Ch. 110 1/2, par. 11-5)
9    Sec. 11-5. Appointment of guardian.
10    (a) Upon the filing of a petition for the appointment of a
11guardian or on its own motion, the court may appoint a guardian
12of the estate or of both the person and estate, of a minor, or
13may appoint a guardian of the person only of a minor or minors,
14as the court finds to be in the best interest of the minor or
15minors.
16    (a-1) A parent, adoptive parent or adjudicated parent,
17whose parental rights have not been terminated, may designate
18in any writing, including a will, a person qualified to act
19under Section 11-3 to be appointed as guardian of the person or
20estate, or both, of an unmarried minor or of a child likely to
21be born. A parent, adoptive parent or adjudicated parent, whose
22parental rights have not been terminated, or a guardian or a
23standby guardian of an unmarried minor or of a child likely to
24be born may designate in any writing, including a will, a
25person qualified to act under Section 11-3 to be appointed as

 

 

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1successor guardian of the minor's person or estate, or both.
2The designation must be witnessed by 2 or more credible
3witnesses at least 18 years of age, neither of whom is the
4person designated as the guardian. The designation may be
5proved by any competent evidence. If the designation is
6executed and attested in the same manner as a will, it shall
7have prima facie validity. The designation of a guardian or
8successor guardian does not affect the rights of the other
9parent in the minor.
10    (b) The court lacks jurisdiction to proceed on a petition
11for the appointment of a guardian of a minor if it finds that
12(i) the minor has a living parent, adoptive parent or
13adjudicated parent, whose parental rights have not been
14terminated, whose whereabouts are known, and who is willing and
15able to make and carry out day-to-day child care decisions
16concerning the minor, unless: (1) the parent or parents
17voluntarily relinquished physical custody of the minor; (2)
18after receiving notice of the hearing under Section 11-10.1,
19the parent or parents fail to object to the appointment at the
20hearing on the petition; or (3) the parent or parents consent
21to the appointment as evidenced by a written document that has
22been notarized and dated, or by a personal appearance and
23consent in open court; or (4) the parent or parents, due to an
24administrative separation, are unable to give consent to the
25appointment in person or by a notarized, written document as
26evidenced by a sworn affidavit submitted by the petitioner

 

 

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1describing the parent's or parents' inability to receive notice
2or give consent; or (ii) there is a guardian for the minor
3appointed by a court of competent jurisdiction. There shall be
4a rebuttable presumption that a parent of a minor is willing
5and able to make and carry out day-to-day child care decisions
6concerning the minor, but the presumption may be rebutted by a
7preponderance of the evidence. If a short-term guardian has
8been appointed for the minor prior to the filing of the
9petition and the petitioner for guardianship is not the
10short-term guardian, there shall be a rebuttable presumption
11that it is in the best interest of the minor to remain in the
12care of the short-term guardian. The petitioner shall have the
13burden of proving by a preponderance of the evidence that it is
14not in the child's best interest to remain with the short-term
15guardian.
16    (b-1) If the court finds the appointment of a guardian of
17the minor to be in the best interest of the minor, and if a
18standby guardian has previously been appointed for the minor
19under Section 11-5.3, the court shall appoint the standby
20guardian as the guardian of the person or estate, or both, of
21the minor unless the court finds, upon good cause shown, that
22the appointment would no longer be in the best interest of the
23minor.
24    (c) If the minor is 14 years of age or more, the minor may
25nominate the guardian of the minor's person and estate, subject
26to approval of the court. If the minor's nominee is not

 

 

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1approved by the court or if, after notice to the minor, the
2minor fails to nominate a guardian of the minor's person or
3estate, the court may appoint the guardian without nomination.
4    (d) The court shall not appoint as guardian of the person
5of the minor any person whom the court has determined had
6caused or substantially contributed to the minor becoming a
7neglected or abused minor as defined in the Juvenile Court Act
8of 1987, unless 2 years have elapsed since the last proven
9incident of abuse or neglect and the court determines that
10appointment of such person as guardian is in the best interests
11of the minor.
12    (e) Previous statements made by the minor relating to any
13allegations that the minor is an abused or neglected child
14within the meaning of the Abused and Neglected Child Reporting
15Act, or an abused or neglected minor within the meaning of the
16Juvenile Court Act of 1987, shall be admissible in evidence in
17a hearing concerning appointment of a guardian of the person or
18estate of the minor. No such statement, however, if
19uncorroborated and not subject to cross-examination, shall be
20sufficient in itself to support a finding of abuse or neglect.
21(Source: P.A. 98-1082, eff. 1-1-15.)
 
22    (755 ILCS 5/11-5.3)
23    Sec. 11-5.3. Appointment of standby guardian.
24    (a) A parent, adoptive parent, or adjudicated parent whose
25parental rights have not been terminated, or the guardian of

 

 

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1the person of a minor may designate in any writing, including a
2will, a person qualified to act under Section 11-3 to be
3appointed as standby guardian of the person or estate, or both,
4of an unmarried minor or of a child likely to be born. A
5parent, adoptive parent, or adjudicated parent whose parental
6rights have not been terminated, or the guardian of the person
7of a minor or a standby guardian of an unmarried minor or of a
8child likely to be born may designate in any writing, including
9a will, a person qualified to act under Section 11-3 to be
10appointed as successor standby guardian of the minor's person
11or estate, or both. The designation must be witnessed by 2 or
12more credible witnesses at least 18 years of age, neither of
13whom is the person designated as the standby guardian. The
14designation may be proved by any competent evidence. If the
15designation is executed and attested in the same manner as a
16will, it shall have prima facie validity. The designation of a
17standby guardian or successor standby guardian does not affect
18the rights of the other parent in the minor.
19    (b) Upon the filing of a petition for the appointment of a
20standby guardian, the court may appoint a standby guardian of
21the person or estate, or both, of a minor as the court finds to
22be in the best interest of the minor.
23    (c) The court lacks jurisdiction to proceed on a petition
24for the appointment of a standby guardian of a minor if the
25minor has a living parent, adoptive parent or adjudicated
26parent, whose parental rights have not been terminated, whose

 

 

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1whereabouts are known, and who is willing and able to make and
2carry out day-to-day child care decisions concerning the minor,
3unless the parent or parents: (1) consent to the appointment;
4(2) or, after receiving notice of the hearing under Section
511-10.1, fail to object to the appointment at the hearing on
6the petition; or (3) due to an administrative separation, are
7unable to give consent to the appointment in person or by a
8notarized, written document as evidenced by a sworn affidavit
9submitted by the petitioner describing the parent's or parents'
10inability to receive notice or give consent. There shall be a
11rebuttable presumption that a parent of a minor is willing and
12able to make and carry out day-to-day child care decisions
13concerning the minor, but the presumption may be rebutted by a
14preponderance of the evidence.
15    (d) The standby guardian shall take and file an oath or
16affirmation that the standby guardian will faithfully
17discharge the duties of the office of standby guardian
18according to law, and shall file in and have approved by the
19court a bond binding the standby guardian so to do, but shall
20not be required to file a bond until the standby guardian
21assumes all duties as guardian of the minor under Section
2211-13.1.
23    (e) The designation of a standby guardian may, but need
24not, be in the following form:
 
25
DESIGNATION OF STANDBY GUARDIAN

 

 

 

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1    [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
2    A standby guardian is someone who has been appointed by the
3court as the person who will act as guardian of the child when
4the child's parents or the guardian of the person of the child
5die or are no longer willing or able to make and carry out
6day-to-day child care decisions concerning the child. By
7properly completing this form, a parent or the guardian of the
8person of the child is naming the person that the parent or the
9guardian wants to be appointed as the standby guardian of the
10child or children. Both parents of a child may join together
11and co-sign this form. Signing the form does not appoint the
12standby guardian; to be appointed, a petition must be filed in
13and approved by the court.]
14        1. Parent (or guardian) and Children. I, (insert name
15    of designating parent or guardian), currently residing at
16    (insert address of designating parent or guardian), am a
17    parent (or the guardian of the person) of the following
18    child or children (or of a child likely to be born):
19    (insert name and date of birth of each child, or insert the
20    words "not yet born" to designate a standby guardian for a
21    child likely to be born and the child's expected date of
22    birth).
23        2. Standby Guardian. I hereby designate the following
24    person to be appointed as standby guardian for the child or
25    children listed above (insert name and address of person

 

 

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1    designated).
2        3. Successor Standby Guardian. If the person named in
3    item 2 above cannot or will not act as standby guardian, I
4    designate the following person to be appointed as successor
5    standby guardian for the child or children: (insert name
6    and address of person designated).
7        4. Date and Signature. This designation is made this
8    (insert day) day of (insert month and year).
9            Signed: (designating parent or guardian)
10        5. Witnesses. I saw the parent (or the guardian of the
11    person of the child) sign this designation or the parent
12    (or the guardian of the person of the child) told me that
13    (he or she) signed this designation. Then I signed the
14    designation as a witness in the presence of the parent (or
15    the guardian). I am not designated in this instrument to
16    act as a standby guardian for the child or children.
17    (insert space for names, addresses, and signatures of 2
18    witnesses).
19(Source: P.A. 90-796, eff. 12-15-98.)
 
20    (755 ILCS 5/11-5.4)
21    Sec. 11-5.4. Short-term guardian.
22    (a) A parent, adoptive parent, or adjudicated parent whose
23parental rights have not been terminated, or the guardian of
24the person of a minor may appoint in writing, without court
25approval, a short-term guardian of an unmarried minor or a

 

 

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1child likely to be born. The written instrument appointing a
2short-term guardian shall be dated and shall identify the
3appointing parent or guardian, the minor, and the person
4appointed to be the short-term guardian. The written instrument
5shall be signed by, or at the direction of, the appointing
6parent in the presence of at least 2 credible witnesses at
7least 18 years of age, neither of whom is the person appointed
8as the short-term guardian. The person appointed as the
9short-term guardian shall also sign the written instrument, but
10need not sign at the same time as the appointing parent.
11    (b) A parent or guardian shall not appoint a short-term
12guardian of a minor if the minor has another living parent,
13adoptive parent or adjudicated parent, whose parental rights
14have not been terminated, whose whereabouts are known, and who
15is willing and able to make and carry out day-to-day child care
16decisions concerning the minor, unless the nonappointing
17parent consents to the appointment by signing the written
18instrument of appointment.
19    (c) The appointment of the short-term guardian is effective
20immediately upon the date the written instrument is executed,
21unless the written instrument provides for the appointment to
22become effective upon a later specified date or event. Except
23as provided in subsection (e-5) or (e-10) of this Section, the
24short-term guardian shall have authority to act as guardian of
25the minor as provided in Section 11-13.2 for a period of 365
26days from the date the appointment is effective, unless the

 

 

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1written instrument provides for the appointment to terminate
2upon a different specified date or event as permitted by this
3Section. Only one written instrument appointing a short-term
4guardian may be in force at any given time.
5    (d) Every appointment of a short-term guardian may be
6amended or revoked by the appointing parent or by the
7appointing guardian of the person of the minor at any time and
8in any manner communicated to the short-term guardian or to any
9other person. Any person other than the short-term guardian to
10whom a revocation or amendment is communicated or delivered
11shall make all reasonable efforts to inform the short-term
12guardian of that fact as promptly as possible.
13    (d-5) Except as provided in subsection (e-5) or (e-10), a
14short-term guardian appointed as the result of an
15administrative separation may renew a short-term guardianship
16for an additional 365 days from the date the initial
17appointment expires if the administrative separation is still
18in effect, unless the written instrument provides for the
19appointment to terminate upon a different date or event as
20permitted by this Section.
21    (e) The appointment of a short-term guardian or successor
22short-term guardian does not affect the rights of the other
23parent in the minor. The short-term guardian appointment does
24not constitute consent for court appointment of a guardian.
25    (e-5) Any time after the appointment of a temporary
26custodian under Section 2-10, 3-12, 4-9, 5-410, or 5-501 of the

 

 

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1Juvenile Court Act of 1987, and after notice to all parties,
2including the short-term guardian, as required by the Juvenile
3Court Act of 1987, a court may vacate any short-term
4guardianship for the minor appointed under this Section,
5provided the vacation is consistent with the minor's best
6interests as determined using the factors listed in paragraph
7(4.05) of Section 1-3 of the Juvenile Court Act of 1987.
8    (e-10) A parent or guardian who is a member of the Armed
9Forces of the United States, including any reserve component
10thereof, or the commissioned corps of the National Oceanic and
11Atmospheric Administration or the Public Health Service of the
12United States Department of Health and Human Services detailed
13by proper authority for duty with the Armed Forces of the
14United States, or who is required to enter or serve in the
15active military service of the United States under a call or
16order of the President of the United States or to serve on
17State active duty, may appoint a short-term guardian for a
18period of longer than 365 days if on active duty service. The
19writing appointing the short-term guardian under this
20subsection shall include the dates of the parent's or
21guardian's active duty service, and the appointment may not
22exceed the term of active duty plus 30 days.
23    (f) The written instrument appointing a short-term
24guardian may, but need not, be in the following form:
 
25
APPOINTMENT OF SHORT-TERM GUARDIAN

 

 

 

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1    
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
2    By properly completing this form, a parent or the guardian
3of the person of the child is appointing a guardian of a child
4of the parent (or a minor ward of the guardian, as the case may
5be) for a period of up to 365 days. A separate form should be
6completed for each child. The person appointed as the guardian
7must sign the form, but need not do so at the same time as the
8parent or parents or guardian.
9    If you are a parent or guardian who is a member of the
10Armed Forces of the United States, including any reserve
11component thereof, or the commissioned corps of the National
12Oceanic and Atmospheric Administration or the Public Health
13Service of the United States Department of Health and Human
14Services detailed by proper authority for duty with the Armed
15Forces of the United States, or who is required to enter or
16serve in the active military service of the United States under
17a call or order of the President of the United States or to
18serve on State active duty, you may appoint a short-term
19guardian for your child for the period of your active duty
20service plus 30 days. When executing this form, include the
21date your active duty service is scheduled to begin in part 3
22and the date your active duty service is scheduled to end in
23part 4.
24    This form may not be used to appoint a guardian if there is
25a guardian already appointed for the child, except that if a

 

 

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1guardian of the person of the child has been appointed, that
2guardian may use this form to appoint a short-term guardian.
3Both living parents of a child may together appoint a guardian
4of the child, or the guardian of the person of the child may
5appoint a guardian of the child, for a period of up to 365 days
6through the use of this form. If the short-term guardian is
7appointed by both living parents of the child, the parents need
8not sign the form at the same time.]
9        1. Parent (or guardian) and Child. I, (insert name of
10    appointing parent or guardian), currently residing at
11    (insert address of appointing parent or guardian), am a
12    parent (or the guardian of the person) of the following
13    child (or of a child likely to be born): (insert name and
14    date of birth of child, or insert the words "not yet born"
15    to appoint a short-term guardian for a child likely to be
16    born and the child's expected date of birth).
17        2. Guardian. I hereby appoint the following person as
18    the short-term guardian for the child: (insert name and
19    address of appointed person).
20        3. Effective date. This appointment becomes effective:
21    (check one if you wish it to be applicable)
22            ( ) On the date that I state in writing that I am
23        no longer either willing or able to make and carry out
24        day-to-day child care decisions concerning the child.
25            ( ) On the date that a physician familiar with my
26        condition certifies in writing that I am no longer

 

 

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1        willing or able to make and carry out day-to-day child
2        care decisions concerning the child.
3            ( ) On the date that I am admitted as an in-patient
4        to a hospital or other health care institution.
5            ( ) On the following date: (insert date).
6            ( ) On the date my active duty service begins:
7        (insert date).
8            ( ) Upon an administrative separation, as defined
9        in Section 11-1.
10            ( ) Other: (insert other).
11[NOTE: If this item is not completed, the appointment is
12effective immediately upon the date the form is signed and
13dated below.]
14        4. Termination. This appointment shall terminate 365
15    days after the effective date, unless it terminates as
16    determined by the event or date I have indicated below:
17    (check one if you wish it to be applicable)
18            ( ) On the date that I state in writing that I am
19        willing and able to make and carry out day-to-day child
20        care decisions concerning the child, but not more than
21        365 days after the effective date.
22            ( ) On the date that a physician familiar with my
23        condition certifies in writing that I am willing and
24        able to make and carry out day-to-day child care
25        decisions concerning the child, but not more than 365
26        days after the effective date.

 

 

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1            ( ) On the date that I am discharged from the
2        hospital or other health care institution where I was
3        admitted as an in-patient, which established the
4        effective date, but not more than 365 days after the
5        effective date.
6            ( ) On the date which is (state a number of days,
7        but no more than 365 days) days after the effective
8        date.
9            ( ) On the date no more than 30 days after my
10        active duty service is scheduled to end: (insert date
11        active duty service is scheduled to end).
12            ( ) In the event the administrative separation, as
13        defined in Section 11-1, has been resolved.
14            ( ) Other: (insert other).
15[NOTE: If this item is not completed, the appointment will be
16effective for a period of 365 days, beginning on the effective
17date.]
18        5. Date and signature of appointing parent or guardian.
19    This appointment is made this (insert day) day of (insert
20    month and year).
21            Signed: (appointing parent)
22        6. Witnesses. I saw the parent (or the guardian of the
23    person of the child) sign this instrument or I saw the
24    parent (or the guardian of the person of the child) direct
25    someone to sign this instrument for the parent (or the
26    guardian). Then I signed this instrument as a witness in

 

 

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1    the presence of the parent (or the guardian). I am not
2    appointed in this instrument to act as the short-term
3    guardian for the child. (Insert space for names, addresses,
4    and signatures of 2 witnesses)
5        7. Acceptance of short-term guardian. I accept this
6    appointment as short-term guardian on this (insert day) day
7    of (insert month and year).
8            Signed: (short-term guardian)
9        8. Consent of child's other parent. I, (insert name of
10    the child's other living parent), currently residing at
11    (insert address of child's other living parent), hereby
12    consent to this appointment on this (insert day) day of
13    (insert month and year).
14            Signed: (consenting parent)
15[NOTE: The signature of a consenting parent is not necessary if
16one of the following applies: (i) the child's other parent has
17died; or (ii) the whereabouts of the child's other parent are
18not known; or (iii) the child's other parent is not willing or
19able to make and carry out day-to-day child care decisions
20concerning the child; or (iv) the child's parents were never
21married and no court has issued an order establishing
22parentage.]
23(Source: P.A. 98-568, eff. 1-1-14; 98-1082, eff. 1-1-15;
2499-599, eff. 1-1-17.)
 
25    (755 ILCS 5/11-8)  (from Ch. 110 1/2, par. 11-8)

 

 

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1    Sec. 11-8. Petition for guardian of minor.
2    (a) The petition for appointment of a guardian of the
3estate, or of both the person and estate, of a minor, or for
4appointment of the guardian of the person only of a minor or
5minors must state, if known: (1) the name, date of birth and
6residence of the minor; (2) the names and post office addresses
7of the nearest relatives of the minor in the following order:
8(i) the spouse, if any; if none, (ii) the parents, adult
9brothers and sisters, and the short-term guardian, if any; if
10none, (iii) the nearest adult kindred; (3) the name and post
11office address of the person having the custody of the minor;
12(4) the approximate value of the personal estate; (5) the
13amount of the anticipated gross annual income and other
14receipts; (6) the name, post office address and, in case of an
15individual, the age and occupation of the proposed guardian;
16(7) the facts concerning the execution or admission to probate
17of the written designation of the guardian, if any, a copy of
18which shall be attached to or filed with the petition; and (8)
19the facts concerning any juvenile, adoption, parentage,
20dissolution, or guardianship court proceedings actions pending
21concerning the minor or the parents of the minor and whether
22any guardian is currently acting for the minor. In addition, if
23the petition seeks the appointment of a previously appointed
24standby guardian as guardian of the minor, the petition must
25also state: (9) the facts concerning the standby guardian's
26previous appointment and (10) the date of death of the minor's

 

 

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1parent or parents or the facts concerning the consent of the
2minor's parent or parents to the appointment of the standby
3guardian as guardian, or the willingness and ability of the
4minor's parent or parents to make and carry out day-to-day
5child care decisions concerning the minor.
6    The petition must include facts concerning an
7administrative separation of the parent or parents including
8the date of the separation and the known or presumed location
9of the parent or parents and any documentation related to an
10administrative separation, including, but not limited to,
11information contained in the online detainee locator system.
12Documentation related to an administrative separation shall be
13attached to the petition as an exhibit.
14    If a short-term guardian who has been appointed by the
15minor's parent or guardian prior to the filing of the petition
16subsequently petitions for court-ordered guardianship of the
17minor, the petition shall state the facts concerning the
18appointment of the short-term guardian, including: (i) the date
19of the appointment; (ii) the circumstances surrounding the
20appointment; (iii) the date the short-term guardian
21appointment ends; and (iv) the reasons why a court-ordered
22guardian is also needed for the minor. A copy of the short-term
23guardianship appointment shall be attached to the petition.
24    (b) A single petition for appointment of only a guardian of
25the person of a minor may include more than one minor. The
26statements required in items (1) and (2) of subsection (a)

 

 

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1shall be listed separately for each minor.
2(Source: P.A. 98-1082, eff. 1-1-15.)
 
3    (755 ILCS 5/11-8.1)
4    Sec. 11-8.1. Petition for standby guardian of minor. The
5petition for appointment of a standby guardian of the person or
6the estate, or both, of a minor must state, if known: (a) the
7name, date of birth, and residence of the minor; (b) the names
8and post office addresses of the nearest relatives of the minor
9in the following order: (1) the parents, if any; (2) the adult
10brothers and sisters, if any; if none, (3) the nearest adult
11kindred; (4) the short-term guardian, if any; (c) the name and
12post office address of the person having custody of the minor;
13(d) the name, post office address, and, in case of any
14individual, the age and occupation of the proposed standby
15guardian; (e) the facts concerning the consent of the minor's
16parent or parents or the guardian of the person of the minor to
17the appointment of the standby guardian, or the willingness and
18ability of the minor's parent or parents, if any, or the
19guardian of the person of the minor to make and carry out
20day-to-day child care decisions concerning the minor; (f) the
21facts concerning the execution or admission to probate of the
22written designation of the standby guardian, if any, a copy of
23which shall be attached to or filed with the petition; and (g)
24the facts concerning any juvenile, adoption, parentage,
25dissolution, or guardianship court proceedings actions pending

 

 

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1concerning the minor or the parents of the minor and whether
2any guardian is currently acting for the minor. If a short-term
3guardian has been appointed by the minor's parent or guardian
4and subsequently petitions for standby guardianship of the
5minor, the petition shall state the facts concerning the
6appointment of the short-term guardian, including: (i) the date
7of the appointment; (ii) the circumstances surrounding the
8appointment; (iii) the date the short-term guardian
9appointment ends; and (iv) the reasons why a standby guardian
10is also needed for the minor. A copy of the short-term
11guardianship appointment shall be attached to the petition.
12    The petition must include facts concerning an
13administrative separation of the parent or parents including
14the date of the separation and the known or presumed location
15of the parent or parents and any documentation related to an
16administrative separation, including, but not limited to,
17information contained in the online detainee locator system.
18Documentation related to an administrative separation shall be
19attached to the petition as an exhibit.
20(Source: P.A. 98-1082, eff. 1-1-15.)
 
21    (755 ILCS 5/11-13.1)
22    Sec. 11-13.1. Duties of standby guardian of a minor.
23    (a) Before a standby guardian of a minor may act, the
24standby guardian must be appointed by the court of the proper
25county and, in the case of a standby guardian of the minor's

 

 

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1estate, the standby guardian must give the bond prescribed in
2subsection (d) of Section 11-5.3 and Section 12-2.
3    (b) The standby guardian shall not have any duties or
4authority to act until the standby guardian receives knowledge
5(i) of: (i) the death or consent of the minor's parent or
6parents or of the guardian of the person of the minor; , or
7(ii) the inability of the minor's parent or parents or of the
8guardian of the person of the minor to make and carry out
9day-to-day child care decisions concerning the minor for whom
10the standby guardian has been appointed; or (iii) an
11administrative separation. This inability to make and carry out
12day-to-day child care decisions may be communicated either by
13the parent's or the guardian's own admission or by the written
14certification of the parent's or guardian's attending
15physician. Immediately upon receipt of that knowledge, the
16standby guardian shall assume all duties as guardian of the
17minor as previously determined by the order appointing the
18standby guardian, and as set forth in Section 11-13, and the
19standby guardian of the person shall have the authority to act
20as guardian of the person without direction of court for a
21period of up to 60 days, provided that the authority of the
22standby guardian may be limited or terminated by a court of
23competent jurisdiction.
24    (c) Within 60 days of the standby guardian's receipt of
25knowledge of (i) the death or consent of the minor's parent or
26parents or guardian or (ii) the inability of the minor's parent

 

 

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1or parents or guardian to make and carry out day-to-day child
2care decisions concerning the minor, the standby guardian shall
3file or cause to be filed a petition for the appointment of a
4guardian of the person or estate, or both, of the minor under
5Section 11-5.
6(Source: P.A. 90-796, eff. 12-15-98.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".