Full Text of HB0913 95th General Assembly
HB0913enr 95TH GENERAL ASSEMBLY
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HB0913 Enrolled |
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LRB095 05123 AJO 25193 b |
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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 | 5 |
| 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 | 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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| (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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| adoptive parent or adjudicated parent, whose
parental rights | 2 |
| 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 | 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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| (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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| (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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| (e) The appointment of a short-term guardian or successor |
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| short-term
guardian does not affect the rights of the other | 2 |
| parent in the minor.
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| (f) The written instrument appointing a short-term | 4 |
| 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 | 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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| 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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| parent or parents or guardian.
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| 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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| 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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| 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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| 1. Parent
(or guardian)
and Child. I, (insert name of |
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| 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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| 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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| 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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| 3. Effective date. This appointment becomes effective: | 12 |
| (check one if you
wish it to be applicable)
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| ( ) 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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| ( ) 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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| ( ) On the date that I am admitted as an in-patient | 21 |
| 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 | 25 |
| effective
immediately upon the date the form is signed and | 26 |
| 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 | 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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| ( ) 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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| ( ) 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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| ( ) 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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| effective date.
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| ( ) 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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| ( ) Other: (insert other).
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| [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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| 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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| 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 | 3 |
| 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 | 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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| 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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| Signed: (short-term guardian)
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| 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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| (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 | 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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| 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 | 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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| (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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| (Source: P.A. 88-529.)
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