Bill Text: IL HB2434 | 2013-2014 | 98th General Assembly | Engrossed
Bill Title: Amends the Probate Act of 1975. Provides that the appointment of a short-term guardian shall terminate upon the appointment of a temporary custodian for the minor under certain provisions of the Juvenile Court Act of 1987.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB2434 Detail]
Download: Illinois-2013-HB2434-Engrossed.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Probate Act of 1975 is amended by changing | ||||||
5 | Section 11-5.4 as follows:
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6 | (755 ILCS 5/11-5.4)
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7 | Sec. 11-5.4. Short-term guardian.
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8 | (a) A parent, adoptive parent, or adjudicated parent whose | ||||||
9 | parental
rights
have not been terminated,
or the guardian of | ||||||
10 | the person of a minor
may appoint in writing, without court | ||||||
11 | approval, a
short-term guardian of an unmarried minor or a | ||||||
12 | child likely to be born. The
written instrument appointing a | ||||||
13 | short-term guardian shall be dated and shall
identify the | ||||||
14 | appointing parent
or guardian,
the minor, and the person | ||||||
15 | appointed to be the
short-term guardian. The written instrument | ||||||
16 | shall be signed by, or at the
direction of, the appointing | ||||||
17 | parent in the presence of at least 2 credible
witnesses at | ||||||
18 | least 18 years of age, neither of whom is the person appointed | ||||||
19 | as
the short-term guardian. The person appointed as the | ||||||
20 | short-term guardian shall
also sign the written instrument, but | ||||||
21 | need not sign at the same time as the
appointing parent.
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22 | (b) A parent or guardian shall not appoint a short-term | ||||||
23 | guardian of a
minor if the
minor has another living parent, |
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1 | adoptive parent or adjudicated parent, whose
parental rights | ||||||
2 | have not been terminated, whose whereabouts are known, and who
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3 | is willing and able to make and carry out day-to-day child care | ||||||
4 | decisions
concerning the minor, unless the nonappointing | ||||||
5 | parent consents to the
appointment by signing the written | ||||||
6 | instrument of appointment.
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7 | (c) The appointment of the short-term guardian is effective | ||||||
8 | immediately upon
the date the written instrument is executed, | ||||||
9 | unless the written instrument
provides for the appointment to | ||||||
10 | become effective upon a later specified date or
event. Except | ||||||
11 | as provided in subsection (e-5) of this Section, the The | ||||||
12 | short-term guardian shall have authority to act as guardian of | ||||||
13 | the
minor as provided in Section 11-13.2 for a period of 365 | ||||||
14 | days
from the date the appointment is effective, unless the | ||||||
15 | written instrument
provides for the appointment to terminate | ||||||
16 | upon an earlier specified date or
event. Only one written | ||||||
17 | instrument appointing a short-term guardian may be in
force at | ||||||
18 | any given time.
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19 | (d) Every appointment of a short-term guardian may be | ||||||
20 | amended or revoked by
the appointing parent or by the | ||||||
21 | appointing guardian of the person of the
minor
at any time and | ||||||
22 | in any manner communicated to the
short-term guardian or to any | ||||||
23 | other person. Any person other than the
short-term guardian to | ||||||
24 | whom a revocation or amendment is communicated or
delivered | ||||||
25 | shall make all reasonable efforts to inform the short-term | ||||||
26 | guardian
of that fact as promptly as possible.
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1 | (e) The appointment of a short-term guardian or successor | ||||||
2 | short-term
guardian does not affect the rights of the other | ||||||
3 | parent in the minor.
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4 | (e-5) Any time after the appointment of a temporary | ||||||
5 | custodian under Section 2-10, 3-12, 4-9, 5-410, or 5-501 of the | ||||||
6 | Juvenile Court Act of 1987, a court may vacate any short-term | ||||||
7 | guardianship for the minor appointed under this Section, | ||||||
8 | provided the vacation is consistent with the minor's best | ||||||
9 | interests 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 | ||||||
12 | guardian may, but need
not, be in the following form:
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13 | APPOINTMENT OF SHORT-TERM GUARDIAN
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14 | [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
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15 | By properly completing this form, a parent or the guardian
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16 | of the person of the child is appointing a guardian of
a child | ||||||
17 | of the parent
(or a minor ward of the guardian, as the case may | ||||||
18 | be)
for a period of up to 365 days. A separate form should be
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19 | completed for each child. The person appointed as
the guardian | ||||||
20 | must sign the form, but need not do so at the same time as the
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21 | parent or parents or guardian.
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22 | This form may not be used to appoint a guardian if there is | ||||||
23 | a guardian
already appointed for the child, except that if
a | ||||||
24 | guardian of the person of the child has
been appointed, that |
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1 | guardian may use this form to appoint a
short-term guardian.
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2 | Both living parents of a child may together
appoint a guardian | ||||||
3 | of the child, or the
guardian of the person of the child may
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4 | appoint a guardian of the child,
for a period
of up to 365 days | ||||||
5 | through the use
of this form.
If the short-term guardian is | ||||||
6 | appointed by both living parents of the
child,
the parents need | ||||||
7 | not sign the form at the same time.]
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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
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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).
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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).
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19 | 3. Effective date. This appointment becomes effective: | ||||||
20 | (check one if you
wish it to be applicable)
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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.
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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 |
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1 | care decisions concerning the child.
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2 | ( ) On the date that I am admitted as an in-patient | ||||||
3 | to a hospital or
other health care institution.
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4 | ( ) On the following date: (insert date).
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5 | ( ) Other: (insert other).
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6 | [NOTE: If this item is not completed, the appointment is | ||||||
7 | effective
immediately upon the date the form is signed and | ||||||
8 | dated below.]
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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)
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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.
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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.
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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
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23 | effective date.
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24 | ( ) On the date which is (state a number of days, | ||||||
25 | but no more than 365
days) days after the effective | ||||||
26 | date.
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1 | ( ) Other: (insert other).
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2 | [NOTE: If this item is not completed, the appointment will be | ||||||
3 | effective for a
period of 365 days, beginning on the effective | ||||||
4 | date.]
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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).
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8 | Signed: (appointing parent)
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9 | 6. Witnesses. I saw the parent
(or the guardian of the
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10 | person of the child)
sign this instrument or I saw the | ||||||
11 | parent
(or the guardian of the
person of the child) direct
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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)
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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).
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21 | Signed: (short-term guardian)
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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
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26 | (insert month and year).
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1 | Signed: (consenting parent)
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2 | [NOTE: The signature of a consenting parent is not necessary if | ||||||
3 | one of the
following applies: (i) the child's other parent has | ||||||
4 | died; or (ii) the
whereabouts of the child's other parent are | ||||||
5 | not known; or (iii) the child's
other parent is not willing or | ||||||
6 | able to make and carry out day-to-day child care
decisions | ||||||
7 | concerning the child; or (iv) the child's parents were never | ||||||
8 | married
and no court has issued an order establishing | ||||||
9 | parentage.]
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10 | (Source: P.A. 95-568, eff. 6-1-08 .)
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