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| Public Act 099-0599
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| HB4327 Enrolled | LRB099 15125 HEP 39346 b |
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing |
Section 11-5.4 as follows:
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(755 ILCS 5/11-5.4)
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Sec. 11-5.4. Short-term guardian.
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(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 |
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.
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(b) A parent or guardian shall not appoint a short-term |
guardian of a
minor if the
minor has another living parent, |
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adoptive parent or adjudicated parent, whose
parental rights |
have not been terminated, whose whereabouts are known, and who
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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.
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(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 an earlier 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.
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(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 |
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 |
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guardian
of that fact as promptly as possible.
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(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.
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(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. |
(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 |
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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:
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APPOINTMENT OF SHORT-TERM GUARDIAN
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[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
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By properly completing this form, a parent or the guardian
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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
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completed for each child. The person appointed as
the guardian |
must sign the form, but need not do so at the same time as the
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parent or parents or guardian.
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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 |
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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.
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Both living parents of a child may together
appoint a guardian |
of the child, or the
guardian of the person of the child may
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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 |
not sign the form at the same time.]
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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
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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).
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2. Guardian. I hereby appoint the following person as |
the short-term
guardian for the child: (insert name and |
address of appointed
person).
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3. Effective date. This appointment becomes effective: |
(check one if you
wish it to be applicable)
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( ) 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.
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( ) 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.
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( ) On the date that I am admitted as an in-patient |
to a hospital or
other health care institution.
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( ) On the following date: (insert date). |
( ) On the date my active duty service begins: |
(insert date).
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( ) Other: (insert other).
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[NOTE: If this item is not completed, the appointment is |
effective
immediately upon the date the form is signed and |
dated below.]
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4. Termination. This appointment shall terminate 365 |
days after the
effective date, unless it terminates sooner |
as determined by the event or date
I have indicated below: |
(check one if you wish it to be applicable)
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( ) 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.
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( ) 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
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days after the effective date.
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( ) 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
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effective date, but not more than 365
days after the |
effective date.
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( ) On the date which is (state a number of days, |
but no more than 365
days) days after the effective |
date.
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( ) 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).
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( ) Other: (insert other).
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[NOTE: If this item is not completed, the appointment will be |
effective for a
period of 365 days, beginning on the effective |
date.]
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5. Date and signature of appointing parent
or guardian. |
This
appointment is made
this (insert day) day of (insert |
month and year).
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Signed: (appointing parent)
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6. Witnesses. I saw the parent
(or the guardian of the
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person of the child)
sign this instrument or I saw the |
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parent
(or the guardian of the
person of the child) direct
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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)
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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)
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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
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(insert month and year).
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Signed: (consenting parent)
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[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.]
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(Source: P.A. 98-568, eff. 1-1-14; 98-1082, eff. 1-1-15.)
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