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