Full Text of SB1565 98th General Assembly
SB1565eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Probate Act of 1975 is amended by changing | 5 | | Section 11-5.4 as follows:
| 6 | | (755 ILCS 5/11-5.4)
| 7 | | Sec. 11-5.4. Short-term guardian.
| 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.
| 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
| 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.
| 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. Except | 11 | | as provided in subsection (e-5) of this Section, the The | 12 | | short-term guardian shall have authority to act as guardian of | 13 | | the
minor as provided in Section 11-13.2 for a period of 365 | 14 | | days
from the date the appointment is effective, unless the | 15 | | written instrument
provides for the appointment to terminate | 16 | | upon an earlier specified date or
event. Only one written | 17 | | instrument appointing a short-term guardian may be in
force at | 18 | | any given time.
| 19 | | (d) Every appointment of a short-term guardian may be | 20 | | amended or revoked by
the appointing parent or by the | 21 | | appointing guardian of the person of the
minor
at any time and | 22 | | in any manner communicated to the
short-term guardian or to any | 23 | | other person. Any person other than the
short-term guardian to | 24 | | whom a revocation or amendment is communicated or
delivered | 25 | | shall make all reasonable efforts to inform the short-term | 26 | | guardian
of that fact as promptly as possible.
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| 1 | | (e) The appointment of a short-term guardian or successor | 2 | | short-term
guardian does not affect the rights of the other | 3 | | parent in the minor.
| 4 | | (e-5) Any time after the appointment of a temporary | 5 | | custodian under Section 2-10, 3-12, 4-9, 5-410, or 5-501 of the | 6 | | Juvenile Court Act of 1987, a court may vacate any short-term | 7 | | guardianship for the minor appointed under this Section, | 8 | | provided the vacation is consistent with the minor's best | 9 | | interests as determined using the factors listed in paragraph | 10 | | (4.05) of Section 1-3 of the Juvenile Court Act of 1987. | 11 | | (f) The written instrument appointing a short-term | 12 | | guardian may, but need
not, be in the following form:
| 13 | | APPOINTMENT OF SHORT-TERM GUARDIAN
| 14 | | [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
| 15 | | By properly completing this form, a parent or the guardian
| 16 | | of the person of the child is appointing a guardian of
a child | 17 | | of the parent
(or a minor ward of the guardian, as the case may | 18 | | be)
for a period of up to 365 days. A separate form should be
| 19 | | completed for each child. The person appointed as
the guardian | 20 | | must sign the form, but need not do so at the same time as the
| 21 | | parent or parents or guardian.
| 22 | | This form may not be used to appoint a guardian if there is | 23 | | a guardian
already appointed for the child, except that if
a | 24 | | guardian of the person of the child has
been appointed, that |
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| 1 | | guardian may use this form to appoint a
short-term guardian.
| 2 | | Both living parents of a child may together
appoint a guardian | 3 | | of the child, or the
guardian of the person of the child may
| 4 | | appoint a guardian of the child,
for a period
of up to 365 days | 5 | | through the use
of this form.
If the short-term guardian is | 6 | | appointed by both living parents of the
child,
the parents need | 7 | | not sign the form at the same time.]
| 8 | | 1. Parent
(or guardian)
and Child. I, (insert name of | 9 | | appointing parent
or guardian), currently
residing at | 10 | | (insert address of appointing parent
or guardian), am a | 11 | | parent
(or the guardian of the
person)
of
the following
| 12 | | child (or of a child likely to be born): (insert name and | 13 | | date of birth of
child, or insert the words "not yet born" | 14 | | to appoint a short-term guardian for
a child likely to be | 15 | | born and the child's expected date of birth).
| 16 | | 2. Guardian. I hereby appoint the following person as | 17 | | the short-term
guardian for the child: (insert name and | 18 | | address of appointed
person).
| 19 | | 3. Effective date. This appointment becomes effective: | 20 | | (check one if you
wish it to be applicable)
| 21 | | ( ) On the date that I state in writing that I am | 22 | | no longer either
willing or able to make and carry out | 23 | | day-to-day child care decisions
concerning the child.
| 24 | | ( ) On the date that a physician familiar with my | 25 | | condition certifies
in writing that I am no longer | 26 | | willing or able to make and carry out day-to-day
child |
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| 1 | | care decisions concerning the child.
| 2 | | ( ) On the date that I am admitted as an in-patient | 3 | | to a hospital or
other health care institution.
| 4 | | ( ) On the following date: (insert date).
| 5 | | ( ) Other: (insert other).
| 6 | | [NOTE: If this item is not completed, the appointment is | 7 | | effective
immediately upon the date the form is signed and | 8 | | dated below.]
| 9 | | 4. Termination. This appointment shall terminate 365 | 10 | | days after the
effective date, unless it terminates sooner | 11 | | as determined by the event or date
I have indicated below: | 12 | | (check one if you wish it to be applicable)
| 13 | | ( ) On the date that I state in writing that I am | 14 | | willing and able to
make and carry out day-to-day child | 15 | | care decisions concerning the
child.
| 16 | | ( ) On the date that a physician familiar with my | 17 | | condition certifies
in writing that I am willing and | 18 | | able to make and carry out day-to-day child
care | 19 | | decisions concerning the child.
| 20 | | ( ) On the date that I am discharged from the | 21 | | hospital or other health
care institution where I was | 22 | | admitted as an in-patient, which established the
| 23 | | effective date.
| 24 | | ( ) On the date which is (state a number of days, | 25 | | but no more than 365
days) days after the effective | 26 | | date.
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| 1 | | ( ) Other: (insert other).
| 2 | | [NOTE: If this item is not completed, the appointment will be | 3 | | effective for a
period of 365 days, beginning on the effective | 4 | | date.]
| 5 | | 5. Date and signature of appointing parent
or guardian. | 6 | | This
appointment is made
this (insert day) day of (insert | 7 | | month and year).
| 8 | | Signed: (appointing parent)
| 9 | | 6. Witnesses. I saw the parent
(or the guardian of the
| 10 | | person of the child)
sign this instrument or I saw the | 11 | | parent
(or the guardian of the
person of the child) direct
| 12 | | someone to sign this instrument for the parent
(or the | 13 | | guardian). Then I
signed this
instrument as a witness in | 14 | | the presence of the parent (or the
guardian). I am not | 15 | | appointed in
this instrument to act as the short-term | 16 | | guardian for the child.
(Insert space for names, addresses, | 17 | | and signatures of 2 witnesses)
| 18 | | 7. Acceptance of short-term guardian. I accept this | 19 | | appointment as
short-term guardian on this (insert day) day | 20 | | of (insert month and year).
| 21 | | Signed: (short-term guardian)
| 22 | | 8. Consent of child's other parent. I, (insert name of | 23 | | the child's other
living parent), currently residing at | 24 | | (insert address of child's other living
parent), hereby | 25 | | consent to this appointment on this (insert day) day of
| 26 | | (insert month and year).
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| 1 | | Signed: (consenting parent)
| 2 | | [NOTE: The signature of a consenting parent is not necessary if | 3 | | one of the
following applies: (i) the child's other parent has | 4 | | died; or (ii) the
whereabouts of the child's other parent are | 5 | | not known; or (iii) the child's
other parent is not willing or | 6 | | able to make and carry out day-to-day child care
decisions | 7 | | concerning the child; or (iv) the child's parents were never | 8 | | married
and no court has issued an order establishing | 9 | | parentage.]
| 10 | | (Source: P.A. 95-568, eff. 6-1-08 .)
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