Full Text of HB0836 101st General Assembly
HB0836ham001 101ST GENERAL ASSEMBLY | Rep. Jennifer Gong-Gershowitz Filed: 3/4/2019
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| 1 | | AMENDMENT TO HOUSE BILL 836
| 2 | | AMENDMENT NO. ______. Amend House Bill 836 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Probate Act of 1975 is amended by changing | 5 | | Sections 11-1, 11-5, 11-5.3, 11-5.4, 11-8, 11-8.1, and 11-13.1 | 6 | | as follows:
| 7 | | (755 ILCS 5/11-1) (from Ch. 110 1/2, par. 11-1)
| 8 | | Sec. 11-1. Definitions. As used in this Article: Minor | 9 | | defined.) | 10 | | "Administrative separation" means a parent's, legal | 11 | | guardian's, legal custodian's, or primary caretaker's: (1) | 12 | | arrest, detention, incarceration, removal, or deportation in | 13 | | connection with federal immigration enforcement; or (2) | 14 | | receipt of official communication by federal, State, or local | 15 | | authorities regarding immigration enforcement that gives | 16 | | reasonable notice that care and supervision of the child by the |
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| 1 | | parent, legal guardian, legal custodian, or primary caretaker | 2 | | will be interrupted or cannot be provided. | 3 | | "Minor" means A minor is a person who has not
attained the | 4 | | age of 18 years. A person who has attained the age of 18 years
| 5 | | is of legal age for all purposes except as otherwise provided
| 6 | | in the Illinois Uniform Transfers to Minors Act.
| 7 | | (Source: P.A. 84-915.)
| 8 | | (755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5)
| 9 | | Sec. 11-5. Appointment of guardian.
| 10 | | (a) Upon the filing of a petition for the appointment of a | 11 | | guardian or on
its own motion, the court may appoint a guardian | 12 | | of the estate or of both the
person and estate, of a minor, or | 13 | | may appoint a guardian of the person only of
a minor or minors, | 14 | | as the court finds to be in the best interest of the minor
or | 15 | | minors.
| 16 | | (a-1) A parent, adoptive parent or adjudicated parent, | 17 | | whose parental rights
have not been terminated, may designate | 18 | | in any writing, including a will, a
person qualified to act | 19 | | under Section 11-3 to be appointed as guardian of
the person or | 20 | | estate, or both, of an unmarried minor or of a child likely to | 21 | | be
born. A parent, adoptive parent or adjudicated parent, whose | 22 | | parental rights
have not been terminated, or a guardian or a | 23 | | standby guardian of an unmarried
minor or of a child likely to | 24 | | be born may designate in any writing, including a
will, a | 25 | | person qualified to act under Section 11-3 to be appointed as |
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| 1 | | successor
guardian of the minor's person or estate, or both. | 2 | | The designation must be
witnessed by 2 or more credible | 3 | | witnesses at least 18 years of age, neither of
whom is the | 4 | | person designated as the guardian. The designation may be | 5 | | proved
by any competent evidence. If the designation is | 6 | | executed and attested in the
same manner as a will, it shall | 7 | | have prima facie validity. The designation of a
guardian or | 8 | | successor guardian does not affect the rights of the other | 9 | | parent
in the minor.
| 10 | | (b) The court lacks jurisdiction to proceed on a petition | 11 | | for the
appointment of a guardian of a minor if it finds that | 12 | | (i) the minor has a living parent,
adoptive parent or | 13 | | adjudicated parent, whose parental rights have not been
| 14 | | terminated, whose whereabouts are known, and who is willing and | 15 | | able to make
and carry out day-to-day child care decisions | 16 | | concerning the minor, unless: (1) the
parent or parents | 17 | | voluntarily relinquished physical custody of the minor; (2) | 18 | | after receiving notice of the
hearing under Section 11-10.1, | 19 | | the parent or parents fail to object to the appointment at the
| 20 | | hearing on the petition; or (3) the parent or parents consent | 21 | | to the appointment as evidenced by a written document that has | 22 | | been notarized and dated, or by a personal appearance and | 23 | | consent in open court; or (4) the parent or parents, due to an | 24 | | administrative separation, are unable to give consent to the | 25 | | appointment in person or by a notarized, written document as | 26 | | evidenced by a sworn affidavit submitted by the petitioner |
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| 1 | | describing the parent's or parents' inability to receive notice | 2 | | or give consent; or (ii) there is a guardian for the minor | 3 | | appointed by
a court of competent jurisdiction. There shall be | 4 | | a rebuttable presumption
that a parent of a minor is willing | 5 | | and able to make and carry out
day-to-day child care decisions | 6 | | concerning the minor, but the presumption may
be rebutted by a | 7 | | preponderance of the evidence. If a short-term guardian has | 8 | | been appointed for the minor prior to the filing of the | 9 | | petition and the petitioner for guardianship is not the | 10 | | short-term guardian, there shall be a rebuttable presumption | 11 | | that it is in the best interest of the minor to remain in the | 12 | | care of the short-term guardian. The petitioner shall have the | 13 | | burden of proving by a preponderance of the evidence that it is | 14 | | not in the child's best interest to remain with the short-term | 15 | | guardian.
| 16 | | (b-1) If the court finds the appointment of a guardian of | 17 | | the minor to be
in the best interest of the minor, and if a | 18 | | standby guardian has previously
been appointed for the minor | 19 | | under Section 11-5.3, the court shall appoint the
standby | 20 | | guardian as the guardian of the person or estate, or both, of | 21 | | the minor
unless the court finds, upon good cause shown, that | 22 | | the appointment would no
longer be in the best interest of the | 23 | | minor.
| 24 | | (c) If the minor is 14 years of age or more, the minor may | 25 | | nominate the
guardian of the minor's person and estate, subject | 26 | | to approval of the court. If
the minor's nominee is not |
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| 1 | | approved by the court or if, after notice to the minor, the | 2 | | minor fails to nominate a
guardian of the minor's person or | 3 | | estate, the court may appoint the guardian
without nomination.
| 4 | | (d) The court shall not appoint as guardian of the person | 5 | | of the minor any
person whom the court has determined had | 6 | | caused or substantially contributed to
the minor becoming a | 7 | | neglected or abused minor as defined in the Juvenile Court
Act | 8 | | of 1987, unless 2 years have elapsed since the last proven | 9 | | incident of abuse
or neglect and the court determines that | 10 | | appointment of such person as guardian
is in the best interests | 11 | | of the minor.
| 12 | | (e) Previous statements made by the minor relating to any | 13 | | allegations
that the minor is an abused or neglected child | 14 | | within the meaning of the
Abused and Neglected Child Reporting | 15 | | Act, or an abused or neglected minor
within the meaning of the | 16 | | Juvenile Court Act of 1987, shall be admissible
in evidence in | 17 | | a hearing concerning appointment of a guardian of the person
or | 18 | | estate of the minor. No such statement, however, if | 19 | | uncorroborated and
not subject to cross-examination, shall be | 20 | | sufficient in itself to support
a finding of abuse or neglect.
| 21 | | (Source: P.A. 98-1082, eff. 1-1-15 .)
| 22 | | (755 ILCS 5/11-5.3)
| 23 | | Sec. 11-5.3. Appointment of standby guardian.
| 24 | | (a) A parent, adoptive parent, or adjudicated parent whose | 25 | | parental
rights
have not been terminated,
or the guardian of |
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| 1 | | the person of a minor
may designate in any writing, including a | 2 | | will, a
person qualified to act under Section 11-3 to be | 3 | | appointed as standby
guardian of the person or estate, or both, | 4 | | of an unmarried minor or of a child
likely to be born. A | 5 | | parent, adoptive parent, or adjudicated parent
whose
parental | 6 | | rights have not been terminated,
or the guardian of the person | 7 | | of a minor
or a standby guardian of an unmarried
minor or of a | 8 | | child likely to be born may designate in any writing, including | 9 | | a
will, a person qualified to act under Section 11-3 to be | 10 | | appointed as successor
standby guardian of the minor's person | 11 | | or estate, or both. The designation must
be witnessed by 2 or | 12 | | more credible witnesses at least 18 years of age, neither
of | 13 | | whom is the person designated as the standby guardian. The | 14 | | designation may
be proved by any competent evidence. If the | 15 | | designation is executed and
attested in the same manner as a | 16 | | will, it shall have prima facie validity.
The designation of a | 17 | | standby guardian or successor standby guardian does not
affect | 18 | | the rights of the other parent in the minor.
| 19 | | (b) Upon the filing of a petition for the appointment of a | 20 | | standby guardian,
the court may appoint a standby guardian of | 21 | | the person or estate, or both, of a
minor as the court finds to | 22 | | be in the best interest of the minor.
| 23 | | (c) The court lacks jurisdiction to proceed on a petition | 24 | | for the
appointment of a standby guardian of a minor if the | 25 | | minor has a living
parent, adoptive parent or adjudicated | 26 | | parent, whose parental rights have not
been terminated, whose |
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| 1 | | whereabouts are known, and who is willing and able to
make and | 2 | | carry out day-to-day child care decisions concerning the minor, | 3 | | unless
the parent or parents : (1) consent to the appointment ; | 4 | | (2) or, after receiving notice of
the hearing under Section | 5 | | 11-10.1, fail to object to the appointment at the
hearing on | 6 | | the petition ; or (3) due to an administrative separation, are | 7 | | unable to give consent to the appointment in person or by a | 8 | | notarized, written document as evidenced by a sworn affidavit | 9 | | submitted by the petitioner describing the parent's or parents' | 10 | | inability to receive notice or give consent .
There shall be a | 11 | | rebuttable presumption
that a parent of a minor is willing and | 12 | | able to make and carry out
day-to-day child care decisions | 13 | | concerning the minor, but the presumption may
be rebutted by a | 14 | | preponderance of the evidence.
| 15 | | (d) The standby guardian shall take and file an oath or
| 16 | | affirmation that the standby guardian will faithfully | 17 | | discharge the duties
of the office of standby guardian | 18 | | according to law, and shall file in and have
approved by the | 19 | | court a bond binding the standby guardian so to do, but shall
| 20 | | not be required to file a bond until the standby guardian | 21 | | assumes all duties as
guardian of the minor under Section | 22 | | 11-13.1.
| 23 | | (e) The designation of a standby guardian may, but need | 24 | | not, be in the
following form:
| 25 | | DESIGNATION OF STANDBY GUARDIAN
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| 1 | | [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
| 2 | | A standby guardian is someone who has been appointed by the | 3 | | court as the
person who will act as guardian of the child when | 4 | | the child's parents or the
guardian of the person of the child
| 5 | | die or
are no longer willing or able to make and carry out | 6 | | day-to-day child care
decisions concerning the child. By | 7 | | properly completing this form, a parent or
the guardian of the | 8 | | person of the child
is naming the person that the parent or the
| 9 | | guardian
wants to be appointed as the standby guardian
of the | 10 | | child or children. Both parents of a child may join
together | 11 | | and co-sign this form. Signing the form does not appoint the | 12 | | standby
guardian; to be appointed, a petition must be filed in | 13 | | and approved by the
court.]
| 14 | | 1. Parent
(or guardian)
and Children. I, (insert name | 15 | | of designating parent
or guardian), currently
residing at | 16 | | (insert address of designating parent
or guardian), am a | 17 | | parent (or the guardian of the person) of
the
following | 18 | | child or children (or of a child likely to be born): | 19 | | (insert name
and date of birth of each child, or insert the | 20 | | words "not yet born" to
designate a standby guardian for a | 21 | | child likely to be born and the child's
expected date of | 22 | | birth).
| 23 | | 2. Standby Guardian. I hereby designate the following | 24 | | person to be
appointed as standby guardian for the child or | 25 | | children listed above
(insert
name and address of person |
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| 1 | | designated).
| 2 | | 3. Successor Standby Guardian. If the person named in | 3 | | item 2 above
cannot or will not act as standby guardian, I
| 4 | | designate the following person to be appointed
as successor | 5 | | standby guardian for the child or children: (insert
name | 6 | | and
address of person designated).
| 7 | | 4. Date and Signature. This designation is made this | 8 | | (insert day) day of
(insert month and year).
| 9 | | Signed: (designating parent or guardian)
| 10 | | 5. Witnesses. I saw the parent
(or the guardian of the | 11 | | person of the child)
sign this designation or the parent
| 12 | | (or the guardian of the person of the child)
told me that | 13 | | (he or she) signed this designation. Then I
signed the | 14 | | designation as a witness in the presence of the parent
(or | 15 | | the guardian).
I am not designated in this instrument
to | 16 | | act as a standby guardian for the child or children. | 17 | | (insert
space
for names, addresses, and signatures of 2 | 18 | | witnesses).
| 19 | | (Source: P.A. 90-796, eff. 12-15-98.)
| 20 | | (755 ILCS 5/11-5.4)
| 21 | | Sec. 11-5.4. Short-term guardian.
| 22 | | (a) A parent, adoptive parent, or adjudicated parent whose | 23 | | parental
rights
have not been terminated,
or the guardian of | 24 | | the person of a minor
may appoint in writing, without court | 25 | | approval, a
short-term guardian of an unmarried minor or a |
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| 1 | | child likely to be born. The
written instrument appointing a | 2 | | short-term guardian shall be dated and shall
identify the | 3 | | appointing parent
or guardian,
the minor, and the person | 4 | | appointed to be the
short-term guardian. The written instrument | 5 | | shall be signed by, or at the
direction of, the appointing | 6 | | parent in the presence of at least 2 credible
witnesses at | 7 | | least 18 years of age, neither of whom is the person appointed | 8 | | as
the short-term guardian. The person appointed as the | 9 | | short-term guardian shall
also sign the written instrument, but | 10 | | need not sign at the same time as the
appointing parent.
| 11 | | (b) A parent or guardian shall not appoint a short-term | 12 | | guardian of a
minor if the
minor has another living parent, | 13 | | adoptive parent or adjudicated parent, whose
parental rights | 14 | | have not been terminated, whose whereabouts are known, and who
| 15 | | is willing and able to make and carry out day-to-day child care | 16 | | decisions
concerning the minor, unless the nonappointing | 17 | | parent consents to the
appointment by signing the written | 18 | | instrument of appointment.
| 19 | | (c) The appointment of the short-term guardian is effective | 20 | | immediately upon
the date the written instrument is executed, | 21 | | unless the written instrument
provides for the appointment to | 22 | | become effective upon a later specified date or
event. Except | 23 | | as provided in subsection (e-5) or (e-10) of this Section, the | 24 | | short-term guardian shall have authority to act as guardian of | 25 | | the
minor as provided in Section 11-13.2 for a period of 365 | 26 | | days
from the date the appointment is effective, unless the |
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| 1 | | written instrument
provides for the appointment to terminate | 2 | | upon a different specified date or
event as permitted by this | 3 | | Section. Only one written instrument appointing a short-term | 4 | | guardian may be in
force at any given time.
| 5 | | (d) Every appointment of a short-term guardian may be | 6 | | amended or revoked by
the appointing parent or by the | 7 | | appointing guardian of the person of the
minor
at any time and | 8 | | in any manner communicated to the
short-term guardian or to any | 9 | | other person. Any person other than the
short-term guardian to | 10 | | whom a revocation or amendment is communicated or
delivered | 11 | | shall make all reasonable efforts to inform the short-term | 12 | | guardian
of that fact as promptly as possible.
| 13 | | (d-5) Except as provided in subsection (e-5) or (e-10), a | 14 | | short-term guardian appointed as the result of an | 15 | | administrative separation may renew a short-term guardianship | 16 | | for an additional 365 days from the date the initial | 17 | | appointment expires if the administrative separation is still | 18 | | in effect, unless the written instrument provides for the | 19 | | appointment to terminate upon a different date or event as | 20 | | permitted by this Section. | 21 | | (e) The appointment of a short-term guardian or successor | 22 | | short-term
guardian does not affect the rights of the other | 23 | | parent in the minor. The short-term guardian appointment does | 24 | | not constitute consent for court appointment of a guardian.
| 25 | | (e-5) Any time after the appointment of a temporary | 26 | | custodian under Section 2-10, 3-12, 4-9, 5-410, or 5-501 of the |
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| 1 | | Juvenile Court Act of 1987, and after notice to all parties, | 2 | | including the short-term guardian, as required by the Juvenile | 3 | | Court Act of 1987, a court may vacate any short-term | 4 | | guardianship for the minor appointed under this Section, | 5 | | provided the vacation is consistent with the minor's best | 6 | | interests as determined using the factors listed in paragraph | 7 | | (4.05) of Section 1-3 of the Juvenile Court Act of 1987. | 8 | | (e-10) A parent or guardian who is a member of the Armed | 9 | | Forces of the United States, including any reserve component | 10 | | thereof, or the commissioned corps of the National Oceanic and | 11 | | Atmospheric Administration or the Public Health Service of the | 12 | | United States Department of Health and Human Services detailed | 13 | | by proper authority for duty with the Armed Forces of the | 14 | | United States, or who is required to enter or serve in the | 15 | | active military service of the United States under a call or | 16 | | order of the President of the United States or to serve on | 17 | | State active duty, may appoint a short-term guardian for a | 18 | | period of longer than 365 days if on active duty service. The | 19 | | writing appointing the short-term guardian under this | 20 | | subsection shall include the dates of the parent's or | 21 | | guardian's active duty service, and the appointment may not | 22 | | exceed the term of active duty plus 30 days. | 23 | | (f) The written instrument appointing a short-term | 24 | | guardian may, but need
not, be in the following form:
| 25 | | APPOINTMENT OF SHORT-TERM GUARDIAN
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| 1 | | [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
| 2 | | By properly completing this form, a parent or the guardian
| 3 | | of the person of the child is appointing a guardian of
a child | 4 | | of the parent
(or a minor ward of the guardian, as the case may | 5 | | be)
for a period of up to 365 days. A separate form should be
| 6 | | completed for each child. The person appointed as
the guardian | 7 | | must sign the form, but need not do so at the same time as the
| 8 | | parent or parents or guardian.
| 9 | | If you are a parent or guardian who is a member of the | 10 | | Armed Forces of the United States, including any reserve | 11 | | component thereof, or the commissioned corps of the National | 12 | | Oceanic and Atmospheric Administration or the Public Health | 13 | | Service of the United States Department of Health and Human | 14 | | Services detailed by proper authority for duty with the Armed | 15 | | Forces of the United States, or who is required to enter or | 16 | | serve in the active military service of the United States under | 17 | | a call or order of the President of the United States or to | 18 | | serve on State active duty, you may appoint a short-term | 19 | | guardian for your child for the period of your active duty | 20 | | service plus 30 days. When executing this form, include the | 21 | | date your active duty service is scheduled to begin in part 3 | 22 | | and the date your active duty service is scheduled to end in | 23 | | part 4. | 24 | | This form may not be used to appoint a guardian if there is | 25 | | a guardian
already appointed for the child, except that if
a |
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| 1 | | guardian of the person of the child has
been appointed, that | 2 | | guardian may use this form to appoint a
short-term guardian.
| 3 | | Both living parents of a child may together
appoint a guardian | 4 | | of the child, or the
guardian of the person of the child may
| 5 | | appoint a guardian of the child,
for a period
of up to 365 days | 6 | | through the use
of this form.
If the short-term guardian is | 7 | | appointed by both living parents of the
child,
the parents need | 8 | | not sign the form at the same time.]
| 9 | | 1. Parent
(or guardian)
and Child. I, (insert name of | 10 | | appointing parent
or guardian), currently
residing at | 11 | | (insert address of appointing parent
or guardian), am a | 12 | | parent
(or the guardian of the
person)
of
the following
| 13 | | child (or of a child likely to be born): (insert name and | 14 | | date of birth of
child, or insert the words "not yet born" | 15 | | to appoint a short-term guardian for
a child likely to be | 16 | | born and the child's expected date of birth).
| 17 | | 2. Guardian. I hereby appoint the following person as | 18 | | the short-term
guardian for the child: (insert name and | 19 | | address of appointed
person).
| 20 | | 3. Effective date. This appointment becomes effective: | 21 | | (check one if you
wish it to be applicable)
| 22 | | ( ) On the date that I state in writing that I am | 23 | | no longer either
willing or able to make and carry out | 24 | | day-to-day child care decisions
concerning the child.
| 25 | | ( ) On the date that a physician familiar with my | 26 | | condition certifies
in writing that I am no longer |
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| 1 | | willing or able to make and carry out day-to-day
child | 2 | | care decisions concerning the child.
| 3 | | ( ) On the date that I am admitted as an in-patient | 4 | | to a hospital or
other health care institution.
| 5 | | ( ) On the following date: (insert date). | 6 | | ( ) On the date my active duty service begins: | 7 | | (insert date).
| 8 | | ( ) Upon an administrative separation, as defined | 9 | | in Section 11-1. | 10 | | ( ) Other: (insert other).
| 11 | | [NOTE: If this item is not completed, the appointment is | 12 | | effective
immediately upon the date the form is signed and | 13 | | dated below.]
| 14 | | 4. Termination. This appointment shall terminate 365 | 15 | | days after the
effective date, unless it terminates as | 16 | | determined by the event or date
I have indicated below: | 17 | | (check one if you wish it to be applicable)
| 18 | | ( ) On the date that I state in writing that I am | 19 | | willing and able to
make and carry out day-to-day child | 20 | | care decisions concerning the
child, but not more than | 21 | | 365
days after the effective date.
| 22 | | ( ) On the date that a physician familiar with my | 23 | | condition certifies
in writing that I am willing and | 24 | | able to make and carry out day-to-day child
care | 25 | | decisions concerning the child, but not more than 365
| 26 | | days after the effective date.
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| 1 | | ( ) On the date that I am discharged from the | 2 | | hospital or other health
care institution where I was | 3 | | admitted as an in-patient, which established the
| 4 | | effective date, but not more than 365
days after the | 5 | | effective date.
| 6 | | ( ) On the date which is (state a number of days, | 7 | | but no more than 365
days) days after the effective | 8 | | date.
| 9 | | ( ) On the date no more than 30 days after my | 10 | | active duty service is scheduled to end: (insert date | 11 | | active duty service is scheduled to end). | 12 | | ( ) In the event the administrative separation, as | 13 | | defined in Section 11-1, has been resolved. | 14 | | ( ) Other: (insert other).
| 15 | | [NOTE: If this item is not completed, the appointment will be | 16 | | effective for a
period of 365 days, beginning on the effective | 17 | | date.]
| 18 | | 5. Date and signature of appointing parent
or guardian. | 19 | | This
appointment is made
this (insert day) day of (insert | 20 | | month and year).
| 21 | | Signed: (appointing parent)
| 22 | | 6. Witnesses. I saw the parent
(or the guardian of the
| 23 | | person of the child)
sign this instrument or I saw the | 24 | | parent
(or the guardian of the
person of the child) direct
| 25 | | someone to sign this instrument for the parent
(or the | 26 | | guardian). Then I
signed this
instrument as a witness in |
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| 1 | | the presence of the parent (or the
guardian). I am not | 2 | | appointed in
this instrument to act as the short-term | 3 | | guardian for the child.
(Insert space for names, addresses, | 4 | | and signatures of 2 witnesses)
| 5 | | 7. Acceptance of short-term guardian. I accept this | 6 | | appointment as
short-term guardian on this (insert day) day | 7 | | of (insert month and year).
| 8 | | Signed: (short-term guardian)
| 9 | | 8. Consent of child's other parent. I, (insert name of | 10 | | the child's other
living parent), currently residing at | 11 | | (insert address of child's other living
parent), hereby | 12 | | consent to this appointment on this (insert day) day of
| 13 | | (insert month and year).
| 14 | | Signed: (consenting parent)
| 15 | | [NOTE: The signature of a consenting parent is not necessary if | 16 | | one of the
following applies: (i) the child's other parent has | 17 | | died; or (ii) the
whereabouts of the child's other parent are | 18 | | not known; or (iii) the child's
other parent is not willing or | 19 | | able to make and carry out day-to-day child care
decisions | 20 | | concerning the child; or (iv) the child's parents were never | 21 | | married
and no court has issued an order establishing | 22 | | parentage.]
| 23 | | (Source: P.A. 98-568, eff. 1-1-14; 98-1082, eff. 1-1-15; | 24 | | 99-599, eff. 1-1-17 .)
| 25 | | (755 ILCS 5/11-8) (from Ch. 110 1/2, par. 11-8)
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| 1 | | Sec. 11-8. Petition for guardian of minor.
| 2 | | (a) The petition for appointment of a
guardian of the | 3 | | estate, or of both the person and estate, of a minor, or for
| 4 | | appointment of the guardian of the person only of a minor or | 5 | | minors must state,
if known:
(1) the name, date of birth and | 6 | | residence of the minor; (2) the names and
post office addresses | 7 | | of the nearest relatives of the minor in the following
order: | 8 | | (i) the spouse, if any; if none, (ii) the
parents, adult | 9 | | brothers and
sisters, and the short-term guardian, if any; if | 10 | | none, (iii) the nearest adult kindred; (3) the name
and post | 11 | | office address of the person having the custody of the minor; | 12 | | (4)
the approximate value of the personal estate; (5) the | 13 | | amount of the
anticipated
gross annual income and other | 14 | | receipts; (6) the name, post office
address
and, in case of an | 15 | | individual, the age and occupation of the proposed guardian;
| 16 | | (7) the facts concerning the execution or admission to probate | 17 | | of
the written
designation of the guardian, if any, a copy of | 18 | | which shall be attached to or
filed with the petition; and (8) | 19 | | the facts concerning any juvenile,
adoption,
parentage, | 20 | | dissolution, or guardianship court proceedings actions pending | 21 | | concerning the
minor or the parents of the minor and whether | 22 | | any guardian is currently acting
for the minor. In addition, if | 23 | | the petition seeks the appointment of a
previously appointed | 24 | | standby guardian as guardian of the minor, the petition
must | 25 | | also state: (9) the facts concerning the standby guardian's
| 26 | | previous
appointment and (10) the date of death of the minor's |
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| 1 | | parent or
parents or the
facts concerning the consent of the | 2 | | minor's parent or parents to the
appointment of the standby | 3 | | guardian as guardian, or the willingness and ability
of the | 4 | | minor's parent or parents to make and carry out day-to-day | 5 | | child care
decisions concerning the minor.
| 6 | | The petition must include facts concerning an | 7 | | administrative separation of the parent or parents including | 8 | | the date of the separation and the known or presumed location | 9 | | of the parent or parents and any documentation related to an | 10 | | administrative separation, including, but not limited to, | 11 | | information contained in the online detainee locator system. | 12 | | Documentation related to an administrative separation shall be | 13 | | attached to the petition as an exhibit. | 14 | | If a short-term guardian who has been appointed by the | 15 | | minor's parent or guardian prior to the filing of the petition | 16 | | subsequently petitions for court-ordered guardianship of the | 17 | | minor, the petition shall state the facts concerning the | 18 | | appointment of the short-term guardian, including: (i) the date | 19 | | of the appointment; (ii) the circumstances surrounding the | 20 | | appointment; (iii) the date the short-term guardian | 21 | | appointment ends; and (iv) the reasons why a court-ordered | 22 | | guardian is also needed for the minor. A copy of the short-term | 23 | | guardianship appointment shall be attached to the petition. | 24 | | (b) A single petition for appointment of only a guardian of | 25 | | the person of
a minor may include more than one minor. The | 26 | | statements required in items (1)
and (2) of subsection (a) |
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| 1 | | shall be listed separately for each minor.
| 2 | | (Source: P.A. 98-1082, eff. 1-1-15 .)
| 3 | | (755 ILCS 5/11-8.1)
| 4 | | Sec. 11-8.1. Petition for standby guardian of minor. The | 5 | | petition for
appointment of a standby guardian of the person or | 6 | | the estate, or both, of a
minor must state, if known: (a) the | 7 | | name, date of birth, and residence of the
minor; (b) the names | 8 | | and post office addresses of the nearest relatives of the
minor | 9 | | in the following order: (1) the parents, if any; (2) the adult
| 10 | | brothers and sisters, if any; if none, (3) the nearest adult | 11 | | kindred; (4) the short-term guardian, if any; (c) the
name and | 12 | | post office address of the person having custody of the minor; | 13 | | (d) the
name, post office address, and, in case of any | 14 | | individual, the age and
occupation of the proposed standby | 15 | | guardian; (e) the facts concerning the
consent of the minor's | 16 | | parent or parents or the guardian of
the person of the minor
to | 17 | | the appointment of the standby
guardian, or the willingness and | 18 | | ability of the minor's parent or parents, if
any,
or the | 19 | | guardian of the person of the minor
to make and carry out | 20 | | day-to-day child care decisions concerning the
minor; (f) the | 21 | | facts concerning the execution or admission to probate of the
| 22 | | written designation of the standby guardian, if any, a copy of | 23 | | which shall be
attached to or filed with the petition; and (g) | 24 | | the facts concerning any
juvenile, adoption, parentage, | 25 | | dissolution, or guardianship court proceedings actions
pending |
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| 1 | | concerning the minor or the parents of the minor and whether | 2 | | any
guardian is currently acting for the minor. If a short-term | 3 | | guardian has been appointed by the minor's parent or guardian | 4 | | and subsequently petitions for standby guardianship of the | 5 | | minor, the petition shall state the facts concerning the | 6 | | appointment of the short-term guardian, including: (i) the date | 7 | | of the appointment; (ii) the circumstances surrounding the | 8 | | appointment; (iii) the date the short-term guardian | 9 | | appointment ends; and (iv) the reasons why a standby guardian | 10 | | is also needed for the minor. A copy of the short-term | 11 | | guardianship appointment shall be attached to the petition.
| 12 | | The petition must include facts concerning an | 13 | | administrative separation of the parent or parents including | 14 | | the date of the separation and the known or presumed location | 15 | | of the parent or parents and any documentation related to an | 16 | | administrative separation, including, but not limited to, | 17 | | information contained in the online detainee locator system. | 18 | | Documentation related to an administrative separation shall be | 19 | | attached to the petition as an exhibit. | 20 | | (Source: P.A. 98-1082, eff. 1-1-15 .)
| 21 | | (755 ILCS 5/11-13.1)
| 22 | | Sec. 11-13.1. Duties of standby guardian of a minor.
| 23 | | (a) Before a standby guardian of a minor may act, the | 24 | | standby guardian must
be appointed by the court of the proper | 25 | | county and, in the case of a standby
guardian of the minor's |
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| 1 | | estate, the standby guardian must give the bond
prescribed in | 2 | | subsection (d) of Section 11-5.3 and Section 12-2.
| 3 | | (b) The standby guardian shall not have any duties or | 4 | | authority to act until
the standby guardian receives knowledge | 5 | | (i) of : (i) the death or consent of the
minor's
parent or | 6 | | parents or of the guardian of the person of the
minor ; , or | 7 | | (ii)
the inability
of the minor's parent or parents
or of the | 8 | | guardian of the person of the minor
to make
and carry out | 9 | | day-to-day child care decisions concerning the minor for whom | 10 | | the
standby guardian has been appointed ; or (iii) an | 11 | | administrative separation . This inability to make and carry out | 12 | | day-to-day child care decisions may be
communicated either by | 13 | | the parent's
or the guardian's
own admission or by the written
| 14 | | certification of the parent's
or guardian's
attending | 15 | | physician. Immediately upon receipt of
that knowledge, the | 16 | | standby guardian shall assume all duties as guardian of the
| 17 | | minor as previously determined by the order appointing the | 18 | | standby guardian,
and as set forth in Section 11-13, and the | 19 | | standby guardian of the person shall
have the authority to act | 20 | | as guardian of the person without direction of court
for a | 21 | | period of up to 60 days, provided that the authority of the | 22 | | standby
guardian may be limited or terminated by a court of | 23 | | competent jurisdiction.
| 24 | | (c) Within 60 days of the standby guardian's receipt of | 25 | | knowledge of (i)
the
death or consent of the minor's parent or | 26 | | parents
or guardian or (ii)
the inability of the
minor's parent |
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| 1 | | or parents
or guardian
to make and carry out day-to-day child | 2 | | care decisions
concerning the minor, the standby guardian shall | 3 | | file or cause to be filed a
petition for the appointment of a | 4 | | guardian of the person or estate, or both, of
the minor under | 5 | | Section 11-5.
| 6 | | (Source: P.A. 90-796, eff. 12-15-98.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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