Bill Text: IL HB0836 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Probate Act of 1975. Defines "administrative separation". Provides that a court lacks jurisdiction to proceed on a petition for the appointment of a guardian or standby guardian of a minor if it finds that the minor has a living parent whose parental rights have not been terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit. Provides that a parent or guardian shall not appoint a short-term guardian of a minor if the minor has another living parent whose parental rights have not been terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 47-1)

Status: (Passed) 2019-07-23 - Public Act . . . . . . . . . 101-0120 [HB0836 Detail]

Download: Illinois-2019-HB0836-Engrossed.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Probate Act of 1975 is amended by changing
Sections 11-1, 11-5, 11-5.3, 11-5.4, 11-8, 11-8.1, and 11-13.1
as follows:
(755 ILCS 5/11-1) (from Ch. 110 1/2, par. 11-1)
Sec. 11-1. Definitions. As used in this Article: Minor
defined.)
"Administrative separation" means a parent's, legal
guardian's, legal custodian's, or primary caretaker's: (1)
arrest, detention, incarceration, removal, or deportation in
connection with federal immigration enforcement; or (2)
receipt of official communication by federal, State, or local
authorities regarding immigration enforcement that gives
reasonable notice that care and supervision of the child by the
parent, legal guardian, legal custodian, or primary caretaker
will be interrupted or cannot be provided.
"Minor" means A minor is a person who has not attained the
age of 18 years. A person who has attained the age of 18 years
is of legal age for all purposes except as otherwise provided
in the Illinois Uniform Transfers to Minors Act.
(Source: P.A. 84-915.)

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(755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5)
Sec. 11-5. Appointment of guardian.
(a) Upon the filing of a petition for the appointment of a
guardian or on its own motion, the court may appoint a guardian
of the estate or of both the person and estate, of a minor, or
may appoint a guardian of the person only of a minor or minors,
as the court finds to be in the best interest of the minor or
minors.
(a-1) A parent, adoptive parent or adjudicated parent,
whose parental rights have not been terminated, may designate
in any writing, including a will, a person qualified to act
under Section 11-3 to be appointed as guardian of the person or
estate, or both, of an unmarried minor or of a child likely to
be born. A parent, adoptive parent or adjudicated parent, whose
parental rights have not been terminated, or a guardian or a
standby guardian of an unmarried minor or of a child likely to
be born may designate in any writing, including a will, a
person qualified to act under Section 11-3 to be appointed as
successor guardian of the minor's person or estate, or both.
The designation must be witnessed by 2 or more credible
witnesses at least 18 years of age, neither of whom is the
person designated as the guardian. The designation may be
proved by any competent evidence. If the designation is
executed and attested in the same manner as a will, it shall
have prima facie validity. The designation of a guardian or

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successor guardian does not affect the rights of the other
parent in the minor.
(b) The court lacks jurisdiction to proceed on a petition
for the appointment of a guardian of a minor if it finds that
(i) the minor has a living parent, adoptive parent or
adjudicated parent, whose parental rights have not been
terminated, whose whereabouts are known, and who is willing and
able to make and carry out day-to-day child care decisions
concerning the minor, unless: (1) the parent or parents
voluntarily relinquished physical custody of the minor; (2)
after receiving notice of the hearing under Section 11-10.1,
the parent or parents fail to object to the appointment at the
hearing on the petition; or (3) the parent or parents consent
to the appointment as evidenced by a written document that has
been notarized and dated, or by a personal appearance and
consent in open court; or (4) the parent or parents, due to an
administrative separation, are unable to give consent to the
appointment in person or by a notarized, written document as
evidenced by a sworn affidavit submitted by the petitioner
describing the parent's or parents' inability to receive notice
or give consent; or (ii) there is a guardian for the minor
appointed by a court of competent jurisdiction. There shall be
a rebuttable presumption that a parent of a minor is willing
and able to make and carry out day-to-day child care decisions
concerning the minor, but the presumption may be rebutted by a
preponderance of the evidence. If a short-term guardian has

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been appointed for the minor prior to the filing of the
petition and the petitioner for guardianship is not the
short-term guardian, there shall be a rebuttable presumption
that it is in the best interest of the minor to remain in the
care of the short-term guardian. The petitioner shall have the
burden of proving by a preponderance of the evidence that it is
not in the child's best interest to remain with the short-term
guardian.
(b-1) If the court finds the appointment of a guardian of
the minor to be in the best interest of the minor, and if a
standby guardian has previously been appointed for the minor
under Section 11-5.3, the court shall appoint the standby
guardian as the guardian of the person or estate, or both, of
the minor unless the court finds, upon good cause shown, that
the appointment would no longer be in the best interest of the
minor.
(c) If the minor is 14 years of age or more, the minor may
nominate the guardian of the minor's person and estate, subject
to approval of the court. If the minor's nominee is not
approved by the court or if, after notice to the minor, the
minor fails to nominate a guardian of the minor's person or
estate, the court may appoint the guardian without nomination.
(d) The court shall not appoint as guardian of the person
of the minor any person whom the court has determined had
caused or substantially contributed to the minor becoming a
neglected or abused minor as defined in the Juvenile Court Act

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of 1987, unless 2 years have elapsed since the last proven
incident of abuse or neglect and the court determines that
appointment of such person as guardian is in the best interests
of the minor.
(e) Previous statements made by the minor relating to any
allegations that the minor is an abused or neglected child
within the meaning of the Abused and Neglected Child Reporting
Act, or an abused or neglected minor within the meaning of the
Juvenile Court Act of 1987, shall be admissible in evidence in
a hearing concerning appointment of a guardian of the person or
estate of the minor. No such statement, however, if
uncorroborated and not subject to cross-examination, shall be
sufficient in itself to support a finding of abuse or neglect.
(Source: P.A. 98-1082, eff. 1-1-15.)
(755 ILCS 5/11-5.3)
Sec. 11-5.3. Appointment of standby guardian.
(a) A parent, adoptive parent, or adjudicated parent whose
parental rights have not been terminated, or the guardian of
the person of a minor may designate in any writing, including a
will, a person qualified to act under Section 11-3 to be
appointed as standby guardian of the person or estate, or both,
of an unmarried minor or of a child likely to be born. A
parent, adoptive parent, or adjudicated parent whose parental
rights have not been terminated, or the guardian of the person
of a minor or a standby guardian of an unmarried minor or of a

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child likely to be born may designate in any writing, including
a will, a person qualified to act under Section 11-3 to be
appointed as successor standby guardian of the minor's person
or estate, or both. The designation must be witnessed by 2 or
more credible witnesses at least 18 years of age, neither of
whom is the person designated as the standby guardian. The
designation may be proved by any competent evidence. If the
designation is executed and attested in the same manner as a
will, it shall have prima facie validity. The designation of a
standby guardian or successor standby guardian does not affect
the rights of the other parent in the minor.
(b) Upon the filing of a petition for the appointment of a
standby guardian, the court may appoint a standby guardian of
the person or estate, or both, of a minor as the court finds to
be in the best interest of the minor.
(c) The court lacks jurisdiction to proceed on a petition
for the appointment of a standby guardian of a minor if the
minor has a living parent, adoptive parent or adjudicated
parent, whose parental rights have not been terminated, whose
whereabouts are known, and who is willing and able to make and
carry out day-to-day child care decisions concerning the minor,
unless the parent or parents: (1) consent to the appointment;
(2) or, after receiving notice of the hearing under Section
11-10.1, fail to object to the appointment at the hearing on
the petition; or (3) due to an administrative separation, are
unable to give consent to the appointment in person or by a

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notarized, written document as evidenced by a sworn affidavit
submitted by the petitioner describing the parent's or parents'
inability to receive notice or give consent. There shall be a
rebuttable presumption that a parent of a minor is willing and
able to make and carry out day-to-day child care decisions
concerning the minor, but the presumption may be rebutted by a
preponderance of the evidence.
(d) The standby guardian shall take and file an oath or
affirmation that the standby guardian will faithfully
discharge the duties of the office of standby guardian
according to law, and shall file in and have approved by the
court a bond binding the standby guardian so to do, but shall
not be required to file a bond until the standby guardian
assumes all duties as guardian of the minor under Section
11-13.1.
(e) The designation of a standby guardian may, but need
not, be in the following form:
DESIGNATION OF STANDBY GUARDIAN
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
A standby guardian is someone who has been appointed by the
court as the person who will act as guardian of the child when
the child's parents or the guardian of the person of the child
die or are no longer willing or able to make and carry out
day-to-day child care decisions concerning the child. By

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properly completing this form, a parent or the guardian of the
person of the child is naming the person that the parent or the
guardian wants to be appointed as the standby guardian of the
child or children. Both parents of a child may join together
and co-sign this form. Signing the form does not appoint the
standby guardian; to be appointed, a petition must be filed in
and approved by the court.]
1. Parent (or guardian) and Children. I, (insert name
of designating parent or guardian), currently residing at
(insert address of designating parent or guardian), am a
parent (or the guardian of the person) of the following
child or children (or of a child likely to be born):
(insert name and date of birth of each child, or insert the
words "not yet born" to designate a standby guardian for a
child likely to be born and the child's expected date of
birth).
2. Standby Guardian. I hereby designate the following
person to be appointed as standby guardian for the child or
children listed above (insert name and address of person
designated).
3. Successor Standby Guardian. If the person named in
item 2 above cannot or will not act as standby guardian, I
designate the following person to be appointed as successor
standby guardian for the child or children: (insert name
and address of person designated).
4. Date and Signature. This designation is made this

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(insert day) day of (insert month and year).
Signed: (designating parent or guardian)
5. Witnesses. I saw the parent (or the guardian of the
person of the child) sign this designation or the parent
(or the guardian of the person of the child) told me that
(he or she) signed this designation. Then I signed the
designation as a witness in the presence of the parent (or
the guardian). I am not designated in this instrument to
act as a standby guardian for the child or children.
(insert space for names, addresses, and signatures of 2
witnesses).
(Source: P.A. 90-796, eff. 12-15-98.)
(755 ILCS 5/11-5.4)
Sec. 11-5.4. Short-term guardian.
(a) A parent, adoptive parent, or adjudicated parent whose
parental rights have not been terminated, or the guardian of
the person of a minor may appoint in writing, without court
approval, a short-term guardian of an unmarried minor or a
child likely to be born. The written instrument appointing a
short-term guardian shall be dated and shall identify the
appointing parent or guardian, the minor, and the person
appointed to be the short-term guardian. The written instrument
shall be signed by, or at the direction of, the appointing
parent in the presence of at least 2 credible witnesses at
least 18 years of age, neither of whom is the person appointed

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as the short-term guardian. The person appointed as the
short-term guardian shall also sign the written instrument, but
need not sign at the same time as the appointing parent.
(b) A parent or guardian shall not appoint a short-term
guardian of a minor if the minor has another living parent,
adoptive parent or adjudicated parent, whose parental rights
have not been terminated, whose whereabouts are known, and who
is willing and able to make and carry out day-to-day child care
decisions concerning the minor, unless the nonappointing
parent consents to the appointment by signing the written
instrument of appointment.
(c) The appointment of the short-term guardian is effective
immediately upon the date the written instrument is executed,
unless the written instrument provides for the appointment to
become effective upon a later specified date or event. Except
as provided in subsection (e-5) or (e-10) of this Section, the
short-term guardian shall have authority to act as guardian of
the minor as provided in Section 11-13.2 for a period of 365
days from the date the appointment is effective, unless the
written instrument provides for the appointment to terminate
upon a different specified date or event as permitted by this
Section. Only one written instrument appointing a short-term
guardian may be in force at any given time.
(d) Every appointment of a short-term guardian may be
amended or revoked by the appointing parent or by the
appointing guardian of the person of the minor at any time and

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in any manner communicated to the short-term guardian or to any
other person. Any person other than the short-term guardian to
whom a revocation or amendment is communicated or delivered
shall make all reasonable efforts to inform the short-term
guardian of that fact as promptly as possible.
(d-5) Except as provided in subsection (e-5) or (e-10), a
short-term guardian appointed as the result of an
administrative separation may renew a short-term guardianship
for an additional 365 days from the date the initial
appointment expires if the administrative separation is still
in effect, unless the written instrument provides for the
appointment to terminate upon a different date or event as
permitted by this Section.
(e) The appointment of a short-term guardian or successor
short-term guardian does not affect the rights of the other
parent in the minor. The short-term guardian appointment does
not constitute consent for court appointment of a guardian.
(e-5) Any time after the appointment of a temporary
custodian under Section 2-10, 3-12, 4-9, 5-410, or 5-501 of the
Juvenile Court Act of 1987, and after notice to all parties,
including the short-term guardian, as required by the Juvenile
Court Act of 1987, a court may vacate any short-term
guardianship for the minor appointed under this Section,
provided the vacation is consistent with the minor's best
interests as determined using the factors listed in paragraph
(4.05) of Section 1-3 of the Juvenile Court Act of 1987.

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(e-10) A parent or guardian who is a member of the Armed
Forces of the United States, including any reserve component
thereof, or the commissioned corps of the National Oceanic and
Atmospheric Administration or the Public Health Service of the
United States Department of Health and Human Services detailed
by proper authority for duty with the Armed Forces of the
United States, or who is required to enter or serve in the
active military service of the United States under a call or
order of the President of the United States or to serve on
State active duty, may appoint a short-term guardian for a
period of longer than 365 days if on active duty service. The
writing appointing the short-term guardian under this
subsection shall include the dates of the parent's or
guardian's active duty service, and the appointment may not
exceed the term of active duty plus 30 days.
(f) The written instrument appointing a short-term
guardian may, but need not, be in the following form:
APPOINTMENT OF SHORT-TERM GUARDIAN
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
By properly completing this form, a parent or the guardian
of the person of the child is appointing a guardian of a child
of the parent (or a minor ward of the guardian, as the case may
be) for a period of up to 365 days. A separate form should be
completed for each child. The person appointed as the guardian

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must sign the form, but need not do so at the same time as the
parent or parents or guardian.
If you are a parent or guardian who is a member of the
Armed Forces of the United States, including any reserve
component thereof, or the commissioned corps of the National
Oceanic and Atmospheric Administration or the Public Health
Service of the United States Department of Health and Human
Services detailed by proper authority for duty with the Armed
Forces of the United States, or who is required to enter or
serve in the active military service of the United States under
a call or order of the President of the United States or to
serve on State active duty, you may appoint a short-term
guardian for your child for the period of your active duty
service plus 30 days. When executing this form, include the
date your active duty service is scheduled to begin in part 3
and the date your active duty service is scheduled to end in
part 4.
This form may not be used to appoint a guardian if there is
a guardian already appointed for the child, except that if a
guardian of the person of the child has been appointed, that
guardian may use this form to appoint a short-term guardian.
Both living parents of a child may together appoint a guardian
of the child, or the guardian of the person of the child may
appoint a guardian of the child, for a period of up to 365 days
through the use of this form. If the short-term guardian is
appointed by both living parents of the child, the parents need

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not sign the form at the same time.]
1. Parent (or guardian) and Child. I, (insert name of
appointing parent or guardian), currently residing at
(insert address of appointing parent or guardian), am a
parent (or the guardian of the person) of the following
child (or of a child likely to be born): (insert name and
date of birth of child, or insert the words "not yet born"
to appoint a short-term guardian for a child likely to be
born and the child's expected date of birth).
2. Guardian. I hereby appoint the following person as
the short-term guardian for the child: (insert name and
address of appointed person).
3. Effective date. This appointment becomes effective:
(check one if you wish it to be applicable)
( ) On the date that I state in writing that I am
no longer either willing or able to make and carry out
day-to-day child care decisions concerning the child.
( ) On the date that a physician familiar with my
condition certifies in writing that I am no longer
willing or able to make and carry out day-to-day child
care decisions concerning the child.
( ) On the date that I am admitted as an in-patient
to a hospital or other health care institution.
( ) On the following date: (insert date).
( ) On the date my active duty service begins:
(insert date).

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( ) Upon an administrative separation, as defined
in Section 11-1.
( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment is
effective immediately upon the date the form is signed and
dated below.]
4. Termination. This appointment shall terminate 365
days after the effective date, unless it terminates as
determined by the event or date I have indicated below:
(check one if you wish it to be applicable)
( ) On the date that I state in writing that I am
willing and able to make and carry out day-to-day child
care decisions concerning the child, but not more than
365 days after the effective date.
( ) On the date that a physician familiar with my
condition certifies in writing that I am willing and
able to make and carry out day-to-day child care
decisions concerning the child, but not more than 365
days after the effective date.
( ) On the date that I am discharged from the
hospital or other health care institution where I was
admitted as an in-patient, which established the
effective date, but not more than 365 days after the
effective date.
( ) On the date which is (state a number of days,
but no more than 365 days) days after the effective

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date.
( ) On the date no more than 30 days after my
active duty service is scheduled to end: (insert date
active duty service is scheduled to end).
( ) In the event the administrative separation, as
defined in Section 11-1, has been resolved.
( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment will be
effective for a period of 365 days, beginning on the effective
date.]
5. Date and signature of appointing parent or guardian.
This appointment is made this (insert day) day of (insert
month and year).
Signed: (appointing parent)
6. Witnesses. I saw the parent (or the guardian of the
person of the child) sign this instrument or I saw the
parent (or the guardian of the person of the child) direct
someone to sign this instrument for the parent (or the
guardian). Then I signed this instrument as a witness in
the presence of the parent (or the guardian). I am not
appointed in this instrument to act as the short-term
guardian for the child. (Insert space for names, addresses,
and signatures of 2 witnesses)
7. Acceptance of short-term guardian. I accept this
appointment as short-term guardian on this (insert day) day
of (insert month and year).

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Signed: (short-term guardian)
8. Consent of child's other parent. I, (insert name of
the child's other living parent), currently residing at
(insert address of child's other living parent), hereby
consent to this appointment on this (insert day) day of
(insert month and year).
Signed: (consenting parent)
[NOTE: The signature of a consenting parent is not necessary if
one of the following applies: (i) the child's other parent has
died; or (ii) the whereabouts of the child's other parent are
not known; or (iii) the child's other parent is not willing or
able to make and carry out day-to-day child care decisions
concerning the child; or (iv) the child's parents were never
married and no court has issued an order establishing
parentage.]
(Source: P.A. 98-568, eff. 1-1-14; 98-1082, eff. 1-1-15;
99-599, eff. 1-1-17.)
(755 ILCS 5/11-8) (from Ch. 110 1/2, par. 11-8)
Sec. 11-8. Petition for guardian of minor.
(a) The petition for appointment of a guardian of the
estate, or of both the person and estate, of a minor, or for
appointment of the guardian of the person only of a minor or
minors must state, if known: (1) the name, date of birth and
residence of the minor; (2) the names and post office addresses
of the nearest relatives of the minor in the following order:

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(i) the spouse, if any; if none, (ii) the parents, adult
brothers and sisters, and the short-term guardian, if any; if
none, (iii) the nearest adult kindred; (3) the name and post
office address of the person having the custody of the minor;
(4) the approximate value of the personal estate; (5) the
amount of the anticipated gross annual income and other
receipts; (6) the name, post office address and, in case of an
individual, the age and occupation of the proposed guardian;
(7) the facts concerning the execution or admission to probate
of the written designation of the guardian, if any, a copy of
which shall be attached to or filed with the petition; and (8)
the facts concerning any juvenile, adoption, parentage,
dissolution, or guardianship court proceedings actions pending
concerning the minor or the parents of the minor and whether
any guardian is currently acting for the minor. In addition, if
the petition seeks the appointment of a previously appointed
standby guardian as guardian of the minor, the petition must
also state: (9) the facts concerning the standby guardian's
previous appointment and (10) the date of death of the minor's
parent or parents or the facts concerning the consent of the
minor's parent or parents to the appointment of the standby
guardian as guardian, or the willingness and ability of the
minor's parent or parents to make and carry out day-to-day
child care decisions concerning the minor.
The petition must include facts concerning an
administrative separation of the parent or parents including

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the date of the separation and the known or presumed location
of the parent or parents and any documentation related to an
administrative separation, including, but not limited to,
information contained in the online detainee locator system.
Documentation related to an administrative separation shall be
attached to the petition as an exhibit.
If a short-term guardian who has been appointed by the
minor's parent or guardian prior to the filing of the petition
subsequently petitions for court-ordered guardianship of the
minor, the petition shall state the facts concerning the
appointment of the short-term guardian, including: (i) the date
of the appointment; (ii) the circumstances surrounding the
appointment; (iii) the date the short-term guardian
appointment ends; and (iv) the reasons why a court-ordered
guardian is also needed for the minor. A copy of the short-term
guardianship appointment shall be attached to the petition.
(b) A single petition for appointment of only a guardian of
the person of a minor may include more than one minor. The
statements required in items (1) and (2) of subsection (a)
shall be listed separately for each minor.
(Source: P.A. 98-1082, eff. 1-1-15.)
(755 ILCS 5/11-8.1)
Sec. 11-8.1. Petition for standby guardian of minor. The
petition for appointment of a standby guardian of the person or
the estate, or both, of a minor must state, if known: (a) the

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name, date of birth, and residence of the minor; (b) the names
and post office addresses of the nearest relatives of the minor
in the following order: (1) the parents, if any; (2) the adult
brothers and sisters, if any; if none, (3) the nearest adult
kindred; (4) the short-term guardian, if any; (c) the name and
post office address of the person having custody of the minor;
(d) the name, post office address, and, in case of any
individual, the age and occupation of the proposed standby
guardian; (e) the facts concerning the consent of the minor's
parent or parents or the guardian of the person of the minor to
the appointment of the standby guardian, or the willingness and
ability of the minor's parent or parents, if any, or the
guardian of the person of the minor to make and carry out
day-to-day child care decisions concerning the minor; (f) the
facts concerning the execution or admission to probate of the
written designation of the standby guardian, if any, a copy of
which shall be attached to or filed with the petition; and (g)
the facts concerning any juvenile, adoption, parentage,
dissolution, or guardianship court proceedings actions pending
concerning the minor or the parents of the minor and whether
any guardian is currently acting for the minor. If a short-term
guardian has been appointed by the minor's parent or guardian
and subsequently petitions for standby guardianship of the
minor, the petition shall state the facts concerning the
appointment of the short-term guardian, including: (i) the date
of the appointment; (ii) the circumstances surrounding the

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appointment; (iii) the date the short-term guardian
appointment ends; and (iv) the reasons why a standby guardian
is also needed for the minor. A copy of the short-term
guardianship appointment shall be attached to the petition.
The petition must include facts concerning an
administrative separation of the parent or parents including
the date of the separation and the known or presumed location
of the parent or parents and any documentation related to an
administrative separation, including, but not limited to,
information contained in the online detainee locator system.
Documentation related to an administrative separation shall be
attached to the petition as an exhibit.
(Source: P.A. 98-1082, eff. 1-1-15.)
(755 ILCS 5/11-13.1)
Sec. 11-13.1. Duties of standby guardian of a minor.
(a) Before a standby guardian of a minor may act, the
standby guardian must be appointed by the court of the proper
county and, in the case of a standby guardian of the minor's
estate, the standby guardian must give the bond prescribed in
subsection (d) of Section 11-5.3 and Section 12-2.
(b) The standby guardian shall not have any duties or
authority to act until the standby guardian receives knowledge
(i) of: (i) the death or consent of the minor's parent or
parents or of the guardian of the person of the minor; , or
(ii) the inability of the minor's parent or parents or of the

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guardian of the person of the minor to make and carry out
day-to-day child care decisions concerning the minor for whom
the standby guardian has been appointed; or (iii) an
administrative separation. This inability to make and carry out
day-to-day child care decisions may be communicated either by
the parent's or the guardian's own admission or by the written
certification of the parent's or guardian's attending
physician. Immediately upon receipt of that knowledge, the
standby guardian shall assume all duties as guardian of the
minor as previously determined by the order appointing the
standby guardian, and as set forth in Section 11-13, and the
standby guardian of the person shall have the authority to act
as guardian of the person without direction of court for a
period of up to 60 days, provided that the authority of the
standby guardian may be limited or terminated by a court of
competent jurisdiction.
(c) Within 60 days of the standby guardian's receipt of
knowledge of (i) the death or consent of the minor's parent or
parents or guardian or (ii) the inability of the minor's parent
or parents or guardian to make and carry out day-to-day child
care decisions concerning the minor, the standby guardian shall
file or cause to be filed a petition for the appointment of a
guardian of the person or estate, or both, of the minor under
Section 11-5.
(Source: P.A. 90-796, eff. 12-15-98.)
Section 99. Effective date. This Act takes effect upon

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becoming law.