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Illinois Appointment of Short Term Guardian - Statutory Form

Cook Illinois Appointment of Short Term Guardian - Statutory Form

Name: Cook Illinois Appointment of Short Term Guardian - Statutory Form
Brand: US Legal Forms
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Category:

Power of Attorney - Healthcare - Living Wills

State:

Illinois

County:

Cook

Control #:

IL-P009A

Format:

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Description

This form provides for the appointment of a short-term guardian of a disabled person for a cumulative total of up to 60 days during any 12 month period.

The Cook Illinois Appointment of Short Term Guardian — Statutory Form is a legal document that enables individuals residing in Cook County, Illinois, to appoint a short-term guardian for their minor children or disabled adult children in case of their absence or incapacity. This appointment allows parents or legal guardians to plan for unforeseen situations where they may be temporarily unable to care for their children. This form serves as a proactive measure to ensure the well-being and protection of children during the absence of their parents or legal guardians. It is essential for parents who anticipate being away for an extended duration due to travel, military service, illness, or any other reason that may restrict their ability to fulfill their parental responsibilities. By executing the Cook Illinois Appointment of Short Term Guardian — Statutory Form, parents can designate a trusted individual to act as a temporary guardian for their children. This form legally grants the appointed short-term guardian the authority to make decisions regarding the child's welfare, including medical care, education, and day-to-day living arrangements. The Cook Illinois Appointment of Short Term Guardian — Statutory Form is a standardized legal document provided by the county. It must be completed and signed in accordance with the specific requirements outlined by Cook County regulations. The form typically includes sections for providing the names and contact information of the parents or legal guardians, as well as the chosen short-term guardian. Different variations or types of the Cook Illinois Appointment of Short Term Guardian — Statutory Form may exist based on specific circumstances or preferences. For example, there could be separate forms for appointing short-term guardians for minor children or disabled adult children. These different forms ensure that appropriate provisions are made depending on the unique needs of each situation. It's important to note that the Appointment of Short Term Guardian — Statutory Form is a temporary arrangement and does not grant permanent custody or guardianship rights. It only serves as a legally binding document for short-term care. To establish long-term guardianship, separate legal proceedings would need to be initiated. In conclusion, the Cook Illinois Appointment of Short Term Guardian — Statutory Form is a crucial legal tool for parents or legal guardians in Cook County, Illinois, to ensure the protection and care of their children in their absence. By appointing a short-term guardian, parents can have peace of mind, knowing that their children's well-being is secured.

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How to fill out Cook Illinois Appointment Of Short Term Guardian - Statutory Form?

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FAQ

Under the Guardians and Wards Act, 1890, the jurisdiction is conferred on the District Court: The District Court may appoint or declare any person as the guardian whenever it considers it necessary in the welfare of the child.

An individual who wants to become a guardian of a minor should petition the Family Court in the county where the child currently resides. There is no standard guardian or guardianship form in South Carolina's list of Family Court forms.

This declaration states the names of the parents of the child, that they are unmarried and that they agree that the father should be appointed as a joint guardian. If there is more than one child, a separate statutory declaration should be made for each.

In Texas, the process to appoint a guardian includes: Filing an application with a court. Having a hearing before a judge. Having a judge appoint a guardian, if one is needed.

You do not have to go to court. Give the original form to the person caring for your child and keep a copy for your records. In most cases, a power of attorney lasts no longer than six months, but you can give a school a power of attorney that lasts up to 12 months.

Fill out your forms Petition for Appointment of Guardian of the Person (Form GC-210(P) video instructions ) if you are asking for guardianship of the person only,Guardianship Petition--Child Information Attachment (Form GC-210(CA )) Notice of Hearing--Guardianship or Conservatorship (Form GC-020 )

To appoint legal guardians for your children, you must name them as your chosen guardians in your Will. Before doing this you will need to approach the people you would like to appoint as guardians to find out whether they are willing and able to take on this responsibility.

Any person concerned about the minor's welfare can file a guardianship case. You must be at least 21 years old to be the guardian for a minor. You can ask the court to name you as the guardian, or you can ask the court to name someone else who is at least 21 years old.

The parent or guardian does not need to go to court, but the agreement must be in writing. The agreement must be signed and witnessed by at least 2 people who are at least 18 years old. A witness cannot also be the person trying to be the short-term guardian.

If only one parent is appointing the short term guardian, then the other parent must sign the document to give their consent . The agreement must be witnessed by at least two people who are at least 18 years old and not related to the family. A witness cannot also be the person trying to be the short term guardian.

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Make at least 3 copies of each form. APPOINTMENT OF SHORT-TERM GUARDIAN OF A MINOR.APPOINTMENT OF SHORT-TERM GUARDIAN. Today, we're going to discuss the Illinois Short-Term guardianship. Items 1 - 12 — Fill out all the forms in the packet completely and in black ink. The Probate Help Desk volunteers are available on Friday mornings to assist in the completion of the court forms. The court could appoint a non-family member as a guardian. Process in Cook. County? If you are an attorney and wish to file any paperwork in the 18th Judicial Circuit Court, you must have a DuPage County attorney number. 07-Jun-2018 — When completing guardianship forms, make sure that they state whether the switch in guardianship is temporary or permanent.

If it is temporary, make sure all the requirements of your court are complied with. If it is permanent, be sure that all the requirements of your court are complied with. Read and review all the guidelines and instructions below. Please ensure you take these directions completely and completely to avoid any possible conflict from using incorrect information. When all the instructions are complete, file all the paperwork. The Probate Help Desk will return the petition to the judge and send out a notice to the person being appointed as guardian. (You might also ask the Probate Help Desk to call you at the correct telephone number that your court uses.) Do not allow anyone to interfere at this stage. It will most assuredly be difficult for a person to comply with this court order. Petition must be completed, notarized, signed and faxed to the Probate Help Desk No one but the judge or a Probate Office employee can accept the completed paperwork or a signed copy of the forms.

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The materials in this section are taken from public sources. We disclaim all representations or any warranties, express or implied, as to the accuracy, authenticity, reliability, accessibility, adequacy, or completeness of any data in this paragraph. Nevertheless, we make every effort to cite public sources deemed reliable and trustworthy.

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Appointment of Short Term Guardian - Statutory Form

Power of Attorney and Health Care - General - Illinois

Section 755 ILCS 5/11-1:

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.

Section 755 ILCS 5/11-3:

(a) A person who has attained the age of 18 years, is a resident of the United States, is not of unsound mind, is not an adjudged disabled person as defined in this Act, has not been convicted of a felony, and who the court finds is capable of providing an active and suitable program of guardianship for the minor is qualified to act as guardian of the person and as guardian of the estate. One person may be appointed guardian of the person and another person appointed guardian of the estate.

(b) The Department of Human Services or the Department of Children and Family Services may with the approval of the court designate one of its employees to serve without fees as guardian of the estate of a minor patient in a State mental hospital or a resident in a State institution when the value of the personal estate does not exceed $1,000.

Section 755 ILCS 5/11-5:

(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 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 (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 the parent or parents consent to the appointment 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 (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.

(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 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.

Section 755 ILCS 5/11-5.3:

(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 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 consent to the appointment or, after receiving notice of the hearing under Section 11-10.1, fail to object to the appointment at the hearing on the petition. 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 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. 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. 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. 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. This designation is made this (insert day) day of (insert month and year).

Signed: (designating parent or guardian)

5. 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).

Section 755 ILCS 5/11-5.4:

(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.

(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. 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 60 days from the date the appointment is effective, unless the written instrument provides for the appointment to terminate upon an earlier specified date or event. 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 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.

(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.

(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 60 days. A separate form should be 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 parent or parents or guardian. 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 60 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.]

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).
( ) 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 60 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)
( ) 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.
( ) 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.
( ) 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.
( ) On the date which is (state a number of days, but no more than 60 days) days after the effective date.
( ) Other: (insert other).

[NOTE: If this item is not completed, the appointment will be effective for a period of 60 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).
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.]

Section 755 ILCS 5/11-6:

If the minor is a resident of this State, the proceeding shall be instituted in the court of the county in which he resides. If the minor is not a resident of this State, the proceeding shall be instituted in the court of a county in which his real or personal estate is located.

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Appointment of Short Term Guardian - Statutory Form

Power of Attorney and Health Care - General - Illinois

Section 755 ILCS 5/11-1:

Section 755 ILCS 5/11-3:

Section 755 ILCS 5/11-5:

Section 755 ILCS 5/11-5.3:

(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:]

2. 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).

4. This designation is made this (insert day) day of (insert month and year).

Signed: (designating parent or guardian)

Section 755 ILCS 5/11-5.4:

(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.

(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:]

( ) 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).
( ) 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.]

[NOTE: If this item is not completed, the appointment will be effective for a period of 60 days, beginning on the effective date.]

Section 755 ILCS 5/11-6:

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

Cook Illinois Appointment of Short Term Guardian - Statutory Form

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Cook Illinois Appointment of Short Term Guardian - Statutory Form

Description

Related forms

Viewed forms

How to fill out Cook Illinois Appointment Of Short Term Guardian - Statutory Form?

Form popularity

FAQ

Where a guardian is appointed by court?

How do I get guardianship of a child in South Carolina?

What is statutory declaration for guardianship?

How do I get legal guardianship in Texas?

How do I get guardianship of my child without going to court in Oregon?

What forms do I need for guardianship in California?

How do I appoint a legal guardian?

How do you become a legal guardian in Colorado?

How do I get guardianship of my child without going to court in Illinois?

How do I file temporary guardianship in Illinois?

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