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90_HB2367ham002
LRB9006820SMdvam02
1 AMENDMENT TO HOUSE BILL 2367
2 AMENDMENT NO. . Amend House Bill 2367 on page 1, by
3 replacing lines 1 through 4 with the following:
4 "AN ACT regarding standby and short-term guardians."; and
5 on page 1, line 8, after "1-2.24," by inserting "11-5.3,
6 11-5.4, 11-8.1, 11-13.1,"; and
7 on page 1, by inserting immediately below line 26, the
8 following:
9 "(755 ILCS 5/11-5.3)
10 Sec. 11-5.3. Appointment of standby guardian.
11 (a) A parent, adoptive parent, or adjudicated parent,
12 whose parental rights have not been terminated, or the
13 guardian of the person of a minor if there is no surviving
14 parent, may designate in any writing, including a will, a
15 person qualified to act under Section 11-3 to be appointed as
16 standby guardian of the person or estate, or both, of an
17 unmarried minor or of a child likely to be born. A parent,
18 adoptive parent, or adjudicated parent, whose parental rights
19 have not been terminated, or the guardian of the person of a
20 minor if there is no surviving parent, or a standby guardian
21 of an unmarried minor or of a child likely to be born may
22 designate in any writing, including a will, a person
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1 qualified to act under Section 11-3 to be appointed as
2 successor standby guardian of the minor's person or estate,
3 or both. The designation must be witnessed by 2 or more
4 credible witnesses at least 18 years of age, neither of whom
5 is the person designated as the standby guardian. The
6 designation may be proved by any competent evidence. If the
7 designation is executed and attested in the same manner as a
8 will, it shall have prima facie validity. The designation of
9 a standby guardian or successor standby guardian does not
10 affect the rights of the other parent in the minor.
11 (b) Upon the filing of a petition for the appointment of
12 a standby guardian, the court may appoint a standby guardian
13 of the person or estate, or both, of a minor as the court
14 finds to be in the best interest of the minor.
15 (c) The court lacks jurisdiction to proceed on a
16 petition for the appointment of a standby guardian of a minor
17 if (i) the minor has a living parent, adoptive parent or
18 adjudicated parent, whose parental rights have not been
19 terminated, whose whereabouts are known, and who is willing
20 and able to make and carry out day-to-day child care
21 decisions concerning the minor, unless the parent or parents
22 consent to the appointment or, after receiving notice of the
23 hearing under Section 11-10.1, fail to object to the
24 appointment at the hearing on the petition or (ii) there is a
25 guardian for the minor appointed by a court of competent
26 jurisdiction, except that if there is no surviving parent and
27 a guardian of the person of the minor has been appointed,
28 then the court has jurisdiction to proceed on the petition
29 for appointment of a standby guardian for the minor. There
30 shall be a rebuttable presumption that a parent of a minor is
31 willing and able to make and carry out day-to-day child care
32 decisions concerning the minor, but the presumption may be
33 rebutted by a preponderance of the evidence.
34 (d) The standby guardian shall take and file an oath or
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1 affirmation that the standby guardian will faithfully
2 discharge the duties of the office of standby guardian
3 according to law, and shall file in and have approved by the
4 court a bond binding the standby guardian so to do, but shall
5 not be required to file a bond until the standby guardian
6 assumes all duties as guardian of the minor under Section
7 11-13.1.
8 (e) The designation of a standby guardian may, but need
9 not, be in the following form:
10 DESIGNATION OF STANDBY GUARDIAN
11 [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
12 A standby guardian is someone who has been appointed by
13 the court as the person who will act as guardian of the child
14 when the child's parents, or the guardian of the person of
15 the child if there is no surviving parent, die or are no
16 longer willing or able to make and carry out day-to-day child
17 care decisions concerning the child. By properly completing
18 this form, a parent or the guardian of the person of the
19 child if there is no surviving parent, is naming the person
20 that the parent or the guardian wants to be appointed as the
21 standby guardian of the child or children of the parent. Both
22 parents of a child may join together and co-sign this form.
23 Signing the form does not appoint the standby guardian; to be
24 appointed, a petition must be filed in and approved by the
25 court.]
26 1. Parent (or guardian if there is no surviving
27 parent) and Children. I, (insert name of designating
28 parent or guardian if there is no surviving parent),
29 currently residing at (insert address of designating
30 parent or guardian), am a parent (or, there being no
31 surviving parent, the guardian of the person) of the
32 following child or children (or of a child likely to be
33 born): (insert name and date of birth of each child, or
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1 insert the words "not yet born" to designate a standby
2 guardian for a child likely to be born and the child's
3 expected date of birth).
4 2. Standby Guardian. I hereby designate the
5 following person to be appointed as standby guardian for
6 the my child or children listed above (insert name and
7 address of person designated).
8 3. Successor Standby Guardian. If the person named
9 in item 2 above cannot or will not act as standby
10 guardian, I designate the following person to be
11 appointed as successor standby guardian for the my child
12 or children: (insert name and address of person
13 designated).
14 4. Date and Signature. This designation is made
15 this (insert day) day of (insert month and year).
16 Signed: (designating parent or guardian if
17 there is no surviving parent)
18 5. Witnesses. I saw the parent (or, if there is no
19 surviving parent, the guardian of the person of the
20 child) sign this designation or the parent (or, if there
21 is no surviving parent, the guardian of the person of the
22 child) told me that he or she the parent signed this
23 designation. Then I signed the designation as a witness
24 in the presence of the parent (or the guardian). I am
25 not designated in this instrument to act as a standby
26 guardian for the parent's child or children. (insert
27 space for names, addresses, and signatures of 2
28 witnesses).
29 (Source: P.A. 88-529.)
30 (755 ILCS 5/11-5.4)
31 Sec. 11-5.4. Short-term guardian.
32 (a) A parent, adoptive parent, or adjudicated parent,
33 whose parental rights have not been terminated, or the
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1 guardian of the person of a minor if there is no surviving
2 parent, may appoint in writing, without court approval, a
3 short-term guardian of an unmarried minor or a child likely
4 to be born. The written instrument appointing a short-term
5 guardian shall be dated and shall identify the appointing
6 parent or guardian, the minor, and the person appointed to be
7 the short-term guardian. The written instrument shall be
8 signed by, or at the direction of, the appointing parent in
9 the presence of at least 2 credible witnesses at least 18
10 years of age, neither of whom is the person appointed as the
11 short-term guardian. The person appointed as the short-term
12 guardian shall also sign the written instrument, but need not
13 sign at the same time as the appointing parent.
14 (b) A parent shall not appoint a short-term guardian of
15 a minor if (i) the minor has another living parent, adoptive
16 parent or adjudicated parent, whose parental rights have not
17 been terminated, whose whereabouts are known, and who is
18 willing and able to make and carry out day-to-day child care
19 decisions concerning the minor, unless the nonappointing
20 parent consents to the appointment by signing the written
21 instrument of appointment or (ii) there is a guardian for the
22 minor appointed by a court of competent jurisdiction, except
23 that if there is no surviving parent and a guardian of the
24 person of the minor has been appointed, then the guardian may
25 appoint a short-term guardian.
26 (c) The appointment of the short-term guardian is
27 effective immediately upon the date the written instrument is
28 executed, unless the written instrument provides for the
29 appointment to become effective upon a later specified date
30 or event. The short-term guardian shall have authority to
31 act as guardian of the minor as provided in Section 11-13.2
32 for a period of 60 days from the date the appointment is
33 effective, unless the written instrument provides for the
34 appointment to terminate upon an earlier specified date or
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1 event. Only one written instrument appointing a short-term
2 guardian may be in force at any given time.
3 (d) Every appointment of a short-term guardian may be
4 amended or revoked by the appointing parent, or by the
5 guardian of the person of the minor if there is no surviving
6 parent, at any time and in any manner communicated to the
7 short-term guardian or to any other person. Any person other
8 than the short-term guardian to whom a revocation or
9 amendment is communicated or delivered shall make all
10 reasonable efforts to inform the short-term guardian of that
11 fact as promptly as possible.
12 (e) The appointment of a short-term guardian or
13 successor short-term guardian does not affect the rights of
14 the other parent in the minor.
15 (f) The written instrument appointing a short-term
16 guardian may, but need not, be in the following form:
17 APPOINTMENT OF SHORT-TERM GUARDIAN
18 [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
19 By properly completing this form, a parent, or the
20 guardian of the person of the child if there is no surviving
21 parent, is appointing a guardian of a child of the parent (or
22 a minor ward of the guardian, as the case may be) for a
23 period of up to 60 days. A separate form should be completed
24 for each child. The person appointed as the guardian must
25 sign the form, but need not do so at the same time as the
26 parent or parents or guardian.
27 This form may not be used to appoint a guardian if there
28 is a guardian already appointed for the child, except that if
29 there is no surviving parent and a guardian of the person of
30 the child has been appointed, then the guardian may use this
31 form to appoint a short-term guardian. Both living parents
32 of a child may together appoint a guardian of the child, or,
33 if there is no surviving parent, the guardian of the person
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1 of the child may appoint a guardian of the child, for a
2 period of up to 60 days through the use of this form. If the
3 short-term guardian is appointed by both living parents of
4 the child, the parents need not sign the form at the same
5 time.]
6 1. Parent (or guardian if there is no surviving
7 parent) and Child. I, (insert name of appointing parent
8 or guardian if there is no surviving parent), currently
9 residing at (insert address of appointing parent or
10 guardian), am a parent (or, there being no surviving
11 parent, the guardian of the person) of the following
12 child (or of a child likely to be born): (insert name
13 and date of birth of child, or insert the words "not yet
14 born" to appoint a short-term guardian for a child likely
15 to be born and the child's expected date of birth).
16 2. Guardian. I hereby appoint the following person
17 as the short-term guardian for the my child: (insert name
18 and address of appointed person).
19 3. Effective date. This appointment becomes
20 effective: (check one if you wish it to be applicable)
21 ( ) On the date that I state in writing that I
22 am no longer either willing or able to make and
23 carry out day-to-day child care decisions concerning
24 the my child.
25 ( ) On the date that a physician familiar with
26 my condition certifies in writing that I am no
27 longer willing or able to make and carry out
28 day-to-day child care decisions concerning the my
29 child.
30 ( ) On the date that I am admitted as an
31 in-patient to a hospital or other health care
32 institution.
33 ( ) On the following date: (insert date).
34 ( ) Other: (insert other).
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1 [NOTE: If this item is not completed, the appointment is
2 effective immediately upon the date the form is signed and
3 dated below.]
4 4. Termination. This appointment shall terminate
5 60 days after the effective date, unless it terminates
6 sooner as determined by the event or date I have
7 indicated below: (check one if you wish it to be
8 applicable)
9 ( ) On the date that I state in writing that I
10 am willing and able to make and carry out day-to-day
11 child care decisions concerning the my child.
12 ( ) On the date that a physician familiar with
13 my condition certifies in writing that I am willing
14 and able to make and carry out day-to-day child care
15 decisions concerning the my child.
16 ( ) On the date that I am discharged from the
17 hospital or other health care institution where I
18 was admitted as an in-patient, which established the
19 effective date.
20 ( ) On the date which is (state a number of
21 days, but no more than 60 days) days after the
22 effective date.
23 ( ) Other: (insert other).
24 [NOTE: If this item is not completed, the appointment will
25 be effective for a period of 60 days, beginning on the
26 effective date.]
27 5. Date and signature of appointing parent or
28 guardian if there is no surviving parent. This
29 appointment is made this (insert day) day of (insert
30 month and year).
31 Signed: (appointing parent)
32 6. Witnesses. I saw the parent (or, if there is no
33 surviving parent, the guardian of the person of the
34 child) sign this instrument or I saw the parent (or, if
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1 there is no surviving parent, the guardian of the person
2 of the child) direct someone to sign this instrument for
3 the parent (or the guardian). Then I signed this
4 instrument as a witness in the presence of the parent (or
5 the guardian). I am not appointed in this instrument to
6 act as the short-term guardian for the parent's child.
7 (Insert space for names, addresses, and signatures of 2
8 witnesses)
9 7. Acceptance of short-term guardian. I accept
10 this appointment as short-term guardian on this (insert
11 day) day of (insert month and year).
12 Signed: (short-term guardian)
13 8. Consent of child's other parent. I, (insert
14 name of the child's other living parent), currently
15 residing at (insert address of child's other living
16 parent), hereby consent to this appointment on this
17 (insert day) day of (insert month and year).
18 Signed: (consenting parent)
19 [NOTE: The signature of a consenting parent is not necessary
20 if one of the following applies: (i) the child's other parent
21 has died; or (ii) the whereabouts of the child's other parent
22 are not known; or (iii) the child's other parent is not
23 willing or able to make and carry out day-to-day child care
24 decisions concerning the child; or (iv) the child's parents
25 were never married and no court has issued an order
26 establishing parentage.]
27 (Source: P.A. 88-529; 88-670, eff. 12-2-94.)
28 (755 ILCS 5/11-8.1)
29 Sec. 11-8.1. Petition for standby guardian of minor. The
30 petition for appointment of a standby guardian of the person
31 or the estate, or both, of a minor must state, if known: (a)
32 the name, date of birth, and residence of the minor; (b) the
33 names and post office addresses of the nearest relatives of
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1 the minor in the following order: (1) the parents, if any; if
2 none, (2) the adult brothers and sisters, if any; if none,
3 (3) the nearest adult kindred; (c) the name and post office
4 address of the person having custody of the minor; (d) the
5 name, post office address, and, in case of any individual,
6 the age and occupation of the proposed standby guardian; (e)
7 the facts concerning the consent of the minor's parent or
8 parents, or the guardian of the person of the minor if there
9 is no surviving parent, to the appointment of the standby
10 guardian, or the willingness and ability of the minor's
11 parent or parents, if any, or the guardian of the person of
12 the minor if there is no surviving parent, to make and carry
13 out day-to-day child care decisions concerning the minor; (f)
14 the facts concerning the execution or admission to probate of
15 the written designation of the standby guardian, if any, a
16 copy of which shall be attached to or filed with the
17 petition; and (g) the facts concerning any juvenile,
18 adoption, parentage, dissolution, or guardianship court
19 actions pending concerning the minor or the parents of the
20 minor and whether any guardian is currently acting for the
21 minor.
22 (Source: P.A. 88-529.)
23 (755 ILCS 5/11-13.1)
24 Sec. 11-13.1. Duties of standby guardian of a minor.
25 (a) Before a standby guardian of a minor may act, the
26 standby guardian must be appointed by the court of the proper
27 county and, in the case of a standby guardian of the minor's
28 estate, the standby guardian must give the bond prescribed in
29 subsection (d) of Section 11-5.3 and Section 12-2.
30 (b) The standby guardian shall not have any duties or
31 authority to act until the standby guardian receives
32 knowledge (i) of the death or consent of the minor's parent
33 or parents, or of the guardian of the person of the minor if
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1 there is no surviving parent, or (ii) the inability of the
2 minor's parent or parents, or of the guardian of the person
3 of the minor if there is no surviving parent, to make and
4 carry out day-to-day child care decisions concerning the
5 minor for whom the standby guardian has been appointed. This
6 inability of the minor's parent or parents to make and carry
7 out day-to-day child care decisions may be communicated
8 either by the parent's (or, if there is no surviving parent,
9 the guardian's) own admission or by the written certification
10 of the parent's or guardian's attending physician.
11 Immediately upon receipt of that knowledge, the standby
12 guardian shall assume all duties as guardian of the minor as
13 previously determined by the order appointing the standby
14 guardian, and as set forth in Section 11-13, and the standby
15 guardian of the person shall have the authority to act as
16 guardian of the person without direction of court for a
17 period of up to 60 days, provided that the authority of the
18 standby guardian may be limited or terminated by a court of
19 competent jurisdiction.
20 (c) Within 60 days of the standby guardian's receipt of
21 knowledge of (i) the death or consent of the minor's parent
22 or parents or guardian, or (ii) the inability of the minor's
23 parent or parents or guardian to make and carry out
24 day-to-day child care decisions concerning the minor, the
25 standby guardian shall file or cause to be filed a petition
26 for the appointment of a guardian of the person or estate, or
27 both, of the minor under Section 11-5.
28 (Source: P.A. 88-529.)"; and
29 on page 20, immediately below line 33, by inserting the
30 following:
31 "Section 99. Effective date. This Act takes effect upon
32 becoming law.".