HB4327 EnrolledLRB099 15125 HEP 39346 b

1    AN ACT concerning children.
 
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) or (e-10) of this Section, 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 a different an earlier specified date or event as
17permitted by this Section. Only one written instrument
18appointing a short-term guardian may be in force at any given
19time.
20    (d) Every appointment of a short-term guardian may be
21amended or revoked by the appointing parent or by the
22appointing guardian of the person of the minor at any time and
23in any manner communicated to the short-term guardian or to any
24other person. Any person other than the short-term guardian to
25whom a revocation or amendment is communicated or delivered
26shall make all reasonable efforts to inform the short-term

 

 

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1guardian of that fact as promptly as possible.
2    (e) The appointment of a short-term guardian or successor
3short-term guardian does not affect the rights of the other
4parent in the minor. The short-term guardian appointment does
5not constitute consent for court appointment of a guardian.
6    (e-5) Any time after the appointment of a temporary
7custodian under Section 2-10, 3-12, 4-9, 5-410, or 5-501 of the
8Juvenile Court Act of 1987, and after notice to all parties,
9including the short-term guardian, as required by the Juvenile
10Court Act of 1987, a court may vacate any short-term
11guardianship for the minor appointed under this Section,
12provided the vacation is consistent with the minor's best
13interests as determined using the factors listed in paragraph
14(4.05) of Section 1-3 of the Juvenile Court Act of 1987.
15    (e-10) A parent or guardian who is a member of the Armed
16Forces of the United States, including any reserve component
17thereof, or the commissioned corps of the National Oceanic and
18Atmospheric Administration or the Public Health Service of the
19United States Department of Health and Human Services detailed
20by proper authority for duty with the Armed Forces of the
21United States, or who is required to enter or serve in the
22active military service of the United States under a call or
23order of the President of the United States or to serve on
24State active duty, may appoint a short-term guardian for a
25period of longer than 365 days if on active duty service. The
26writing appointing the short-term guardian under this

 

 

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1subsection shall include the dates of the parent's or
2guardian's active duty service, and the appointment may not
3exceed the term of active duty plus 30 days.
4    (f) The written instrument appointing a short-term
5guardian may, but need not, be in the following form:
 
6
APPOINTMENT OF SHORT-TERM GUARDIAN

 
7    
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
8    By properly completing this form, a parent or the guardian
9of the person of the child is appointing a guardian of a child
10of the parent (or a minor ward of the guardian, as the case may
11be) for a period of up to 365 days. A separate form should be
12completed for each child. The person appointed as the guardian
13must sign the form, but need not do so at the same time as the
14parent or parents or guardian.
15    If you are a parent or guardian who is a member of the
16Armed Forces of the United States, including any reserve
17component thereof, or the commissioned corps of the National
18Oceanic and Atmospheric Administration or the Public Health
19Service of the United States Department of Health and Human
20Services detailed by proper authority for duty with the Armed
21Forces of the United States, or who is required to enter or
22serve in the active military service of the United States under
23a call or order of the President of the United States or to
24serve on State active duty, you may appoint a short-term

 

 

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1guardian for your child for the period of your active duty
2service plus 30 days. When executing this form, include the
3date your active duty service is scheduled to begin in part 3
4and the date your active duty service is scheduled to end in
5part 4.
6    This form may not be used to appoint a guardian if there is
7a guardian already appointed for the child, except that if a
8guardian of the person of the child has been appointed, that
9guardian may use this form to appoint a short-term guardian.
10Both living parents of a child may together appoint a guardian
11of the child, or the guardian of the person of the child may
12appoint a guardian of the child, for a period of up to 365 days
13through the use of this form. If the short-term guardian is
14appointed by both living parents of the child, the parents need
15not sign the form at the same time.]
16        1. Parent (or guardian) and Child. I, (insert name of
17    appointing parent or guardian), currently residing at
18    (insert address of appointing parent or guardian), am a
19    parent (or the guardian of the person) of the following
20    child (or of a child likely to be born): (insert name and
21    date of birth of child, or insert the words "not yet born"
22    to appoint a short-term guardian for a child likely to be
23    born and the child's expected date of birth).
24        2. Guardian. I hereby appoint the following person as
25    the short-term guardian for the child: (insert name and
26    address of appointed person).

 

 

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

 

 

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1            ( ) On the date that a physician familiar with my
2        condition certifies in writing that I am willing and
3        able to make and carry out day-to-day child care
4        decisions concerning the child, but not more than 365
5        days after the effective date.
6            ( ) On the date that I am discharged from the
7        hospital or other health care institution where I was
8        admitted as an in-patient, which established the
9        effective date, but not more than 365 days after the
10        effective date.
11            ( ) On the date which is (state a number of days,
12        but no more than 365 days) days after the effective
13        date.
14            ( ) On the date no more than 30 days after my
15        active duty service is scheduled to end: (insert date
16        active duty service is scheduled to end).
17            ( ) Other: (insert other).
18[NOTE: If this item is not completed, the appointment will be
19effective for a period of 365 days, beginning on the effective
20date.]
21        5. Date and signature of appointing parent or guardian.
22    This appointment is made this (insert day) day of (insert
23    month and year).
24            Signed: (appointing parent)
25        6. Witnesses. I saw the parent (or the guardian of the
26    person of the child) sign this instrument or I saw the

 

 

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1    parent (or the guardian of the person of the child) direct
2    someone to sign this instrument for the parent (or the
3    guardian). Then I signed this instrument as a witness in
4    the presence of the parent (or the guardian). I am not
5    appointed in this instrument to act as the short-term
6    guardian for the child. (Insert space for names, addresses,
7    and signatures of 2 witnesses)
8        7. Acceptance of short-term guardian. I accept this
9    appointment as short-term guardian on this (insert day) day
10    of (insert month and year).
11            Signed: (short-term guardian)
12        8. Consent of child's other parent. I, (insert name of
13    the child's other living parent), currently residing at
14    (insert address of child's other living parent), hereby
15    consent to this appointment on this (insert day) day of
16    (insert month and year).
17            Signed: (consenting parent)
18[NOTE: The signature of a consenting parent is not necessary if
19one of the following applies: (i) the child's other parent has
20died; or (ii) the whereabouts of the child's other parent are
21not known; or (iii) the child's other parent is not willing or
22able to make and carry out day-to-day child care decisions
23concerning the child; or (iv) the child's parents were never
24married and no court has issued an order establishing
25parentage.]
26(Source: P.A. 98-568, eff. 1-1-14; 98-1082, eff. 1-1-15.)