SB1565 EnrolledLRB098 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,

 

 

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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.

 

 

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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, and after notice to all parties,
7including the short-term guardian, as required by the Juvenile
8Court Act of 1987, a court may vacate any short-term
9guardianship for the minor appointed under this Section,
10provided the vacation is consistent with the minor's best
11interests as determined using the factors listed in paragraph
12(4.05) of Section 1-3 of the Juvenile Court Act of 1987.
13    (f) The written instrument appointing a short-term
14guardian may, but need not, be in the following form:
 
15
APPOINTMENT OF SHORT-TERM GUARDIAN

 
16    
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
17    By properly completing this form, a parent or the guardian
18of the person of the child is appointing a guardian of a child
19of the parent (or a minor ward of the guardian, as the case may
20be) for a period of up to 365 days. A separate form should be
21completed for each child. The person appointed as the guardian
22must sign the form, but need not do so at the same time as the
23parent or parents or guardian.
24    This form may not be used to appoint a guardian if there is

 

 

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1a guardian already appointed for the child, except that if a
2guardian of the person of the child has been appointed, that
3guardian may use this form to appoint a short-term guardian.
4Both living parents of a child may together appoint a guardian
5of the child, or the guardian of the person of the child may
6appoint a guardian of the child, for a period of up to 365 days
7through the use of this form. If the short-term guardian is
8appointed by both living parents of the child, the parents need
9not sign the form at the same time.]
10        1. Parent (or guardian) and Child. I, (insert name of
11    appointing parent or guardian), currently residing at
12    (insert address of appointing parent or guardian), am a
13    parent (or the guardian of the person) of the following
14    child (or of a child likely to be born): (insert name and
15    date of birth of child, or insert the words "not yet born"
16    to appoint a short-term guardian for a child likely to be
17    born and the child's expected date of birth).
18        2. Guardian. I hereby appoint the following person as
19    the short-term guardian for the child: (insert name and
20    address of appointed person).
21        3. Effective date. This appointment becomes effective:
22    (check one if you wish it to be applicable)
23            ( ) On the date that I state in writing that I am
24        no longer either willing or able to make and carry out
25        day-to-day child care decisions concerning the child.
26            ( ) On the date that a physician familiar with my

 

 

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1        condition certifies in writing that I am no longer
2        willing or able to make and carry out day-to-day child
3        care decisions concerning the child.
4            ( ) On the date that I am admitted as an in-patient
5        to a hospital or other health care institution.
6            ( ) On the following date: (insert date).
7            ( ) Other: (insert other).
8[NOTE: If this item is not completed, the appointment is
9effective immediately upon the date the form is signed and
10dated below.]
11        4. Termination. This appointment shall terminate 365
12    days after the effective date, unless it terminates sooner
13    as determined by the event or date I have indicated below:
14    (check one if you wish it to be applicable)
15            ( ) On the date that I state in writing that I am
16        willing and able to make and carry out day-to-day child
17        care decisions concerning the child.
18            ( ) On the date that a physician familiar with my
19        condition certifies in writing that I am willing and
20        able to make and carry out day-to-day child care
21        decisions concerning the child.
22            ( ) On the date that I am discharged from the
23        hospital or other health care institution where I was
24        admitted as an in-patient, which established the
25        effective date.
26            ( ) On the date which is (state a number of days,

 

 

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1        but no more than 365 days) days after the effective
2        date.
3            ( ) Other: (insert other).
4[NOTE: If this item is not completed, the appointment will be
5effective for a period of 365 days, beginning on the effective
6date.]
7        5. Date and signature of appointing parent or guardian.
8    This appointment is made this (insert day) day of (insert
9    month and year).
10            Signed: (appointing parent)
11        6. Witnesses. I saw the parent (or the guardian of the
12    person of the child) sign this instrument or I saw the
13    parent (or the guardian of the person of the child) direct
14    someone to sign this instrument for the parent (or the
15    guardian). Then I signed this instrument as a witness in
16    the presence of the parent (or the guardian). I am not
17    appointed in this instrument to act as the short-term
18    guardian for the child. (Insert space for names, addresses,
19    and signatures of 2 witnesses)
20        7. Acceptance of short-term guardian. I accept this
21    appointment as short-term guardian on this (insert day) day
22    of (insert month and year).
23            Signed: (short-term guardian)
24        8. Consent of child's other parent. I, (insert name of
25    the child's other living parent), currently residing at
26    (insert address of child's other living parent), hereby

 

 

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1    consent to this appointment on this (insert day) day of
2    (insert month and year).
3            Signed: (consenting parent)
4[NOTE: The signature of a consenting parent is not necessary if
5one of the following applies: (i) the child's other parent has
6died; or (ii) the whereabouts of the child's other parent are
7not known; or (iii) the child's other parent is not willing or
8able to make and carry out day-to-day child care decisions
9concerning the child; or (iv) the child's parents were never
10married and no court has issued an order establishing
11parentage.]
12(Source: P.A. 95-568, eff. 6-1-08.)