SB1565 EngrossedLRB098 06681 HEP 36727 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probate Act of 1975 is amended by changing
5Section 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
9parental rights have not been terminated, or the guardian of
10the person of a minor may appoint in writing, without court
11approval, a short-term guardian of an unmarried minor or a
12child likely to be born. The written instrument appointing a
13short-term guardian shall be dated and shall identify the
14appointing parent or guardian, the minor, and the person
15appointed to be the short-term guardian. The written instrument
16shall be signed by, or at the direction of, the appointing
17parent in the presence of at least 2 credible witnesses at
18least 18 years of age, neither of whom is the person appointed
19as the short-term guardian. The person appointed as the
20short-term guardian shall also sign the written instrument, but
21need not sign at the same time as the appointing parent.
22    (b) A parent or guardian shall not appoint a short-term
23guardian of a minor if the minor has another living parent,

 

 

SB1565 Engrossed- 2 -LRB098 06681 HEP 36727 b

1adoptive parent or adjudicated parent, whose parental rights
2have not been terminated, whose whereabouts are known, and who
3is willing and able to make and carry out day-to-day child care
4decisions concerning the minor, unless the nonappointing
5parent consents to the appointment by signing the written
6instrument of appointment.
7    (c) The appointment of the short-term guardian is effective
8immediately upon the date the written instrument is executed,
9unless the written instrument provides for the appointment to
10become effective upon a later specified date or event. Except
11as provided in subsection (e-5) of this Section, the The
12short-term guardian shall have authority to act as guardian of
13the minor as provided in Section 11-13.2 for a period of 365
14days from the date the appointment is effective, unless the
15written instrument provides for the appointment to terminate
16upon an earlier specified date or event. Only one written
17instrument appointing a short-term guardian may be in force at
18any given time.
19    (d) Every appointment of a short-term guardian may be
20amended or revoked by the appointing parent or by the
21appointing guardian of the person of the minor at any time and
22in any manner communicated to the short-term guardian or to any
23other person. Any person other than the short-term guardian to
24whom a revocation or amendment is communicated or delivered
25shall make all reasonable efforts to inform the short-term
26guardian of that fact as promptly as possible.

 

 

SB1565 Engrossed- 3 -LRB098 06681 HEP 36727 b

1    (e) The appointment of a short-term guardian or successor
2short-term guardian does not affect the rights of the other
3parent in the minor.
4    (e-5) Any time after the appointment of a temporary
5custodian under Section 2-10, 3-12, 4-9, 5-410, or 5-501 of the
6Juvenile Court Act of 1987, a court may vacate any short-term
7guardianship for the minor appointed under this Section,
8provided the vacation is consistent with the minor's best
9interests 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
12guardian 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
16of the person of the child is appointing a guardian of a child
17of the parent (or a minor ward of the guardian, as the case may
18be) for a period of up to 365 days. A separate form should be
19completed for each child. The person appointed as the guardian
20must sign the form, but need not do so at the same time as the
21parent or parents or guardian.
22    This form may not be used to appoint a guardian if there is
23a guardian already appointed for the child, except that if a
24guardian of the person of the child has been appointed, that

 

 

SB1565 Engrossed- 4 -LRB098 06681 HEP 36727 b

1guardian may use this form to appoint a short-term guardian.
2Both living parents of a child may together appoint a guardian
3of the child, or the guardian of the person of the child may
4appoint a guardian of the child, for a period of up to 365 days
5through the use of this form. If the short-term guardian is
6appointed by both living parents of the child, the parents need
7not 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

 

 

SB1565 Engrossed- 5 -LRB098 06681 HEP 36727 b

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
7effective immediately upon the date the form is signed and
8dated 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.

 

 

SB1565 Engrossed- 6 -LRB098 06681 HEP 36727 b

1            ( ) Other: (insert other).
2[NOTE: If this item is not completed, the appointment will be
3effective for a period of 365 days, beginning on the effective
4date.]
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).

 

 

SB1565 Engrossed- 7 -LRB098 06681 HEP 36727 b

1            Signed: (consenting parent)
2[NOTE: The signature of a consenting parent is not necessary if
3one of the following applies: (i) the child's other parent has
4died; or (ii) the whereabouts of the child's other parent are
5not known; or (iii) the child's other parent is not willing or
6able to make and carry out day-to-day child care decisions
7concerning the child; or (iv) the child's parents were never
8married and no court has issued an order establishing
9parentage.]
10(Source: P.A. 95-568, eff. 6-1-08.)