(755 ILCS 5/11a-3.2)
Sec. 11a-3.2. Short-term guardian.
(a) The guardian of a person with a disability
may appoint in writing, without court approval, a short-term guardian
of the person with a disability
to take over the guardian's duties, to the extent provided in Section
11a-18.3, each time the guardian is unavailable or unable to carry out those
duties. The guardian shall consult with the person with a disability to determine the
preference of the person with a disability concerning the person to be appointed as
short-term guardian and the guardian shall give due consideration to the
preference of the person with a disability in choosing a short-term guardian.
The written instrument appointing a short-term
guardian shall be dated and shall identify the appointing guardian, the
person with a disability, the person appointed to be the short-term guardian, and the
termination date of the appointment. The
written instrument shall be signed by, or at the direction of, the appointing
guardian 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 guardian.
A guardian may not appoint the Office of State Guardian or a public guardian
as a short-term guardian, without the written consent of the State Guardian or
public guardian or an authorized representative of the State Guardian or public
guardian.
(b) 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. A short-term guardian appointed by the guardian shall have authority to
act as guardian of the
person with a disability for a cumulative total of 60 days during any 12-month period.
Only one written instrument appointing a short-term guardian may be in force at
any given time.
(c) Every appointment of a short-term guardian may be amended or revoked by
the appointing guardian 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.
(d) The appointment of a short-term guardian or successor short-term
guardian does not affect the rights in the person with a disability of any guardian
other than the
appointing guardian.
(e) 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 guardian is |
| appointing a short-term guardian of the person with a disability for a cumulative total of up to 60 days during any 12-month period. A separate form shall be completed each time a short-term guardian takes over guardianship duties. The person or persons appointed as the short-term guardian shall sign the form, but need not do so at the same time as the guardian.]
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1. Guardian and Ward. I, (insert name of appointing
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| guardian), currently residing at (insert address of appointing guardian), am the guardian of the following person with a disability: (insert name of ward).
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2. Short-term Guardian. I hereby appoint the
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| following person as the short-term guardian for my ward: (insert name and address of appointed person).
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3. Effective date. This appointment becomes
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| effective: (check one if you wish it to be applicable)
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( ) On the date that I state in writing that I am no
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| longer either willing or able to make and carry out day-to-day care decisions concerning my ward.
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( ) On the date that a physician familiar with my
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| condition certifies in writing that I am no longer willing or able to make and carry out day-to-day care decisions concerning my ward.
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( ) On the date that I am admitted as an in-patient
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| to a hospital or other health care institution.
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( ) On the following date: (insert date).
( ) Other: (insert other).
[NOTE: If this item is not completed, the
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| appointment is effective immediately upon the date the form is signed and dated below.]
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4. Termination. This appointment shall terminate on:
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| (enter a date corresponding to 60 days from the current date, less the number of days within the past 12 months that any short-term guardian has taken over guardianship duties), unless it terminates sooner as determined by the event or date I have indicated 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
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| willing and able to make and carry out day-to-day care decisions concerning my ward.
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( ) On the date that a physician familiar with my
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| condition certifies in writing that I am willing and able to make and carry out day-to-day care decisions concerning my ward.
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( ) On the date that I am discharged from the
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| hospital or other health care institution where I was admitted as an in-patient, which established the effective date.
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( ) On the date which is (state a number of days)
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| days after the effective date.
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( ) Other: (insert other).
[NOTE: If this item is not completed, the
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| appointment will be effective until the 60th day within the past year during which time any short-term guardian of this ward had taken over guardianship duties from the guardian, beginning on the effective date.]
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5. Date and signature of appointing guardian. This
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| appointment is made this (insert day) day of (insert month and year).
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Signed: (appointing guardian)
6. Witnesses. I saw the guardian sign this
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| instrument or I saw the guardian direct someone to sign this instrument for the guardian. Then I signed this instrument as a witness in the presence of the guardian. I am not appointed in this instrument to act as the short-term guardian for the guardian's ward. (insert space for names, addresses, and signatures of 2 witnesses)
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7. Acceptance of short-term guardian. I accept this
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| appointment as short-term guardian on this (insert day) day of (insert month and year).
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Signed: (short-term guardian)
[END OF FORM] (f) Each time the guardian appoints a short-term guardian, the guardian
shall: (i) provide the person with a disability with the name, address, and telephone
number of the short-term guardian; (ii) advise the person with a disability that he has
the right to object to the appointment of the short-term guardian by filing a
petition in court; and (iii) notify the person with a disability when the short-term
guardian will be taking over guardianship duties and the length of time that
the short-term guardian will be acting as guardian.
(Source: P.A. 102-72, eff. 1-1-22 .)
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