Illinois General Assembly - Illinois Compiled Statutes

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755 ILCS 5/11-5.3

(755 ILCS 5/11-5.3)

Sec. 11-5.3. Appointment of standby guardian.

(a) A parent, adoptive parent, or adjudicated parent whose parental
rights
have not been terminated,
or the guardian of the person of a minor
may designate in any writing, including a will, a
person qualified to act under Section 11-3 to be appointed as standby
guardian of the person or estate, or both, of an unmarried minor or of a child
likely to be born.  A parent, adoptive parent, or adjudicated parent
whose
parental rights have not been terminated,
or the guardian of the person of a minor
or a standby guardian of an unmarried
minor or of a child likely to be born may designate in any writing, including a
will, a person qualified to act under Section 11-3 to be appointed as successor
standby guardian of the minor's person or estate, or both. The designation must
be witnessed by 2 or more credible witnesses at least 18 years of age, neither
of whom is the person designated as the standby guardian. The designation may
be proved by any competent evidence.  If the designation is executed and
attested in the same manner as a will, it shall have prima facie validity.
The designation of a standby guardian or successor standby guardian does not
affect the rights of the other parent in the minor.

(b) Upon the filing of a petition for the appointment of a standby guardian,
the court may appoint a standby guardian of the person or estate, or both, of a
minor as the court finds to be in the best interest of the minor.

(c) The court lacks jurisdiction to proceed on a petition for the
appointment of a standby guardian of a minor if the minor has a living
parent, adoptive parent or adjudicated parent, whose parental rights have not
been terminated, whose whereabouts are known, and who is willing and able to
make and carry out day-to-day child care decisions concerning the minor, unless
the parent or parents: (1) consent to the appointment; (2) after receiving notice of
the hearing under Section 11-10.1, fail to object to the appointment at the
hearing on the petition; or (3) due to an administrative separation, are unable to give consent to the appointment in person or by a notarized, written document as evidenced by a sworn affidavit submitted by the petitioner describing the parent's or parents' inability to receive notice or give consent.
 There shall be a rebuttable presumption
that a parent of a minor is willing and able to make and carry out
day-to-day child care decisions concerning the minor, but the presumption may
be rebutted by a preponderance of the evidence.

(d) The standby guardian shall take and file an oath or
affirmation that the standby guardian will faithfully discharge the duties
of the office of standby guardian according to law, and shall file in and have
approved by the court a bond binding the standby guardian so to do, but shall
not be required to file a bond until the standby guardian assumes all duties as
guardian of the minor under Section 11-13.1.

(e) The designation of a standby guardian may, but need not, be in the
following form:

DESIGNATION OF STANDBY GUARDIAN

[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:

A standby guardian is someone who has been appointed by the court as the
person who will act as guardian of the child when the child's parents or the
guardian of the person of the child
die or
are no longer willing or able to make and carry out day-to-day child care
decisions concerning the child. By properly completing this form, a parent or
the guardian of the person of the child
is naming the person that the parent or the
guardian
wants to be appointed as the standby guardian
of the child or children. Both parents of a child may join
together and co-sign this form. Signing the form does not appoint the standby
guardian; to be appointed, a petition must be filed in and approved by the
court.]

1. Parent (or guardian) and Children. I, (insert name

of designating parent or guardian), currently residing at (insert address of designating parent or guardian), am a parent (or the guardian of the person) of the following child or children (or of a child likely to be born):  (insert name and date of birth of each child, or insert the words "not yet born" to designate a standby guardian for a child likely to be born and the child's expected date of birth).

2. Standby Guardian. I hereby designate the

following person to be appointed as standby guardian for the child or children listed above (insert name and address of person designated).

3. Successor Standby Guardian. If the person named

in item 2 above cannot or will not act as standby guardian, I designate the following person to be appointed as successor standby guardian for the child or children: (insert name and address of person designated).

4. Date and Signature. This designation is made this

(insert day) day of (insert month and year).

Signed: (designating parent or guardian)

5. Witnesses. I saw the parent (or the guardian of

the person of the child) sign this designation or the parent (or the guardian of the person of the child) told me that (he or she) signed this designation. Then I signed the designation as a witness in the presence of the parent (or the guardian). I am not designated in this instrument to act as a standby guardian for the child or children.  (insert space for names, addresses, and signatures of 2 witnesses).

(Source: P.A. 101-120, eff. 7-23-19.)