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1 | AN ACT concerning guardianship.
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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 School Code is amended by changing Section | ||||||
5 | 10-20.12b as follows:
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6 | (105 ILCS 5/10-20.12b)
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7 | Sec. 10-20.12b. Residency; payment of tuition; hearing; | ||||||
8 | criminal penalty.
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9 | (a) For purposes of this Section:
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10 | (1) The residence of a person who has legal custody of | ||||||
11 | a pupil is
deemed to be the residence of the pupil.
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12 | (2) "Legal custody" means one of the following:
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13 | (i) Custody exercised by a natural or adoptive | ||||||
14 | parent with whom the
pupil resides.
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15 | (ii) Custody granted by order of a court of | ||||||
16 | competent jurisdiction to a
person with whom the pupil | ||||||
17 | resides for reasons other than to have access to the
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18 | educational programs of the district.
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19 | (iii) Custody exercised under a statutory | ||||||
20 | short-term guardianship for reasons other than to have | ||||||
21 | access to the educational programs of the district ,
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22 | provided that within 365
60 days of the pupil's | ||||||
23 | enrollment a court order is entered
that establishes a |
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1 | permanent guardianship and grants custody to a person | ||||||
2 | with
whom the pupil resides for reasons other than to | ||||||
3 | have access to the educational
programs of the | ||||||
4 | district .
| ||||||
5 | (iv) Custody exercised by an adult caretaker | ||||||
6 | relative who is receiving
aid under the Illinois Public | ||||||
7 | Aid Code for the pupil who resides with that
adult | ||||||
8 | caretaker relative for purposes other than to have | ||||||
9 | access to the
educational programs of the district.
| ||||||
10 | (v) Custody exercised by an adult who demonstrates | ||||||
11 | that, in fact, he or
she has assumed and exercises | ||||||
12 | legal responsibility for the pupil and provides
the | ||||||
13 | pupil with a regular fixed night-time abode for | ||||||
14 | purposes other than to have
access to the educational | ||||||
15 | programs of the district.
| ||||||
16 | (a-5) If a pupil's change of residence is due to the | ||||||
17 | military service obligation of a person who has legal custody | ||||||
18 | of the pupil, then, upon the written request of the person | ||||||
19 | having legal custody of the pupil, the residence of the pupil | ||||||
20 | is deemed for all purposes relating to enrollment (including | ||||||
21 | tuition, fees, and costs), for the duration of the custodian's | ||||||
22 | military service obligation, to be the same as the residence of | ||||||
23 | the pupil immediately before the change of residence caused by | ||||||
24 | the military service obligation. A school district is not | ||||||
25 | responsible for providing transportation to or from school for | ||||||
26 | a pupil whose residence is determined under this subsection |
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1 | (a-5). School districts shall facilitate re-enrollment when | ||||||
2 | necessary to comply with this subsection (a-5).
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3 | (b) Except as otherwise provided under Section 10-22.5a, | ||||||
4 | only resident
pupils of a school district may attend the | ||||||
5 | schools of the district without
payment of the tuition required | ||||||
6 | to be charged under Section 10-20.12a.
However, children for | ||||||
7 | whom the Guardianship Administrator of the Department of
| ||||||
8 | Children and Family Services has been appointed temporary | ||||||
9 | custodian or guardian
of the person of a child shall not be | ||||||
10 | charged tuition as a nonresident pupil if
the child was placed | ||||||
11 | by the Department of Children and Family Services with a
foster | ||||||
12 | parent or placed in another type of child care facility and the | ||||||
13 | foster
parent or child care facility is located in a school | ||||||
14 | district other than
the child's former school district and it | ||||||
15 | is determined by the Department of
Children and Family Services | ||||||
16 | to be in the child's
best interest to maintain attendance at | ||||||
17 | his or her former school district.
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18 | (c) The provisions of this subsection do not apply in | ||||||
19 | school districts
having a population of 500,000 or more.
If a | ||||||
20 | school board in a school district with a population of less | ||||||
21 | than
500,000 determines that a pupil who is attending school in
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22 | the district on a tuition free basis is a nonresident of the | ||||||
23 | district for whom
tuition is required to be charged under | ||||||
24 | Section 10-20.12a, the board shall
notify the person who | ||||||
25 | enrolled the pupil of the amount of the tuition
charged under | ||||||
26 | Section 10-20.12a that is due to the district for the |
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1 | nonresident
pupil's attendance in the district's schools. The | ||||||
2 | notice shall be given by
certified mail, return receipt | ||||||
3 | requested. Within 10 days after receipt of the
notice, the | ||||||
4 | person who enrolled the pupil may request a hearing to
review | ||||||
5 | the determination of the school board. The request shall be | ||||||
6 | sent by
certified mail, return receipt requested, to the | ||||||
7 | district superintendent.
Within 10 days after receipt of the | ||||||
8 | request, the board shall notify, by
certified mail, return | ||||||
9 | receipt requested, the person requesting the hearing of
the | ||||||
10 | time and place of the hearing, which shall be held not less | ||||||
11 | than 10 nor
more than 20 days after the
notice of hearing is | ||||||
12 | given. The board or a hearing officer designated by the
board | ||||||
13 | shall conduct the hearing. The board and the person who | ||||||
14 | enrolled
the pupil may be represented at the hearing by | ||||||
15 | representatives of their
choice. At the hearing, the person who | ||||||
16 | enrolled the pupil shall have the
burden of going forward with | ||||||
17 | the evidence concerning the pupil's residency. If
the hearing | ||||||
18 | is conducted by a hearing officer, the hearing officer,
within | ||||||
19 | 5 days after the conclusion of the hearing, shall send a | ||||||
20 | written report
of his or her findings by certified mail, return | ||||||
21 | receipt requested, to the
school board and to the person who | ||||||
22 | enrolled the pupil.
The person who enrolled the pupil may, | ||||||
23 | within 5 days
after receiving the findings, file written | ||||||
24 | objections to the findings with the
school board by sending the | ||||||
25 | objections by certified mail, return receipt
requested, | ||||||
26 | addressed to the district superintendent.
Whether the hearing |
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1 | is conducted by the school board or a hearing officer, the
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2 | school board shall, within 15 days after the conclusion of the | ||||||
3 | hearing, decide
whether or not the pupil is a resident of the | ||||||
4 | district and the amount of any
tuition required to be charged | ||||||
5 | under Section 10-20.12a as a result of the
pupil's attendance | ||||||
6 | in the schools of the district. The school board shall send
a | ||||||
7 | copy of its decision to the person who enrolled the
pupil, and | ||||||
8 | the decision of the school board shall be final.
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9 | (c-5) The provisions of this subsection apply only in | ||||||
10 | school districts
having a population of 500,000 or more. If the | ||||||
11 | board of education of a school
district with a population of | ||||||
12 | 500,000 or more determines that a pupil who is
attending school | ||||||
13 | in the district on a tuition free basis is a nonresident of
the | ||||||
14 | district for whom tuition is required to be charged under | ||||||
15 | Section
10-20.12a, the board shall notify the person who | ||||||
16 | enrolled the pupil of the
amount of the tuition charged under | ||||||
17 | Section 10-20.12a that is due to the
district for the | ||||||
18 | nonresident pupil's attendance in the district's schools. The
| ||||||
19 | notice shall be given by certified mail, return receipt | ||||||
20 | requested. Within 10
days after receipt of the notice, the | ||||||
21 | person who enrolled the pupil may request
a hearing to review | ||||||
22 | the determination of the school board. The request shall
be | ||||||
23 | sent by certified mail, return receipt requested, to the | ||||||
24 | district
superintendent. Within 30 days after receipt of the
| ||||||
25 | request, the board shall notify, by certified mail, return | ||||||
26 | receipt requested,
the person requesting the hearing of the |
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1 | time and place of the hearing, which
shall be held not less | ||||||
2 | than 10 nor more than 30 days after the notice of
hearing is | ||||||
3 | given. The board or a hearing officer designated by the board | ||||||
4 | shall
conduct the hearing. The board and the person who | ||||||
5 | enrolled the pupil may each
be represented at the hearing by a | ||||||
6 | representative of their choice. At the
hearing, the person who | ||||||
7 | enrolled the pupil shall have the burden of going
forward with | ||||||
8 | the evidence concerning the pupil's residency. If the hearing | ||||||
9 | is
conducted by a hearing officer, the hearing officer, within | ||||||
10 | 20 days after the
conclusion of the hearing, shall serve a | ||||||
11 | written report of his or her findings
by personal service or by | ||||||
12 | certified mail, return receipt requested, to the
school board | ||||||
13 | and to the person who enrolled the pupil. The person who | ||||||
14 | enrolled
the pupil may, within 10 days after receiving the | ||||||
15 | findings, file written
objections to the findings with the | ||||||
16 | board of education by sending the
objections by certified mail, | ||||||
17 | return receipt requested, addressed to the
general | ||||||
18 | superintendent of schools. If the hearing is conducted by the | ||||||
19 | board of
education, the board shall, within 45 days after the
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20 | conclusion of the hearing, decide whether or not the pupil is a | ||||||
21 | resident of the
district and the amount of any tuition required | ||||||
22 | to be charged under Section
10-20.12a as a result of the | ||||||
23 | pupil's attendance in the schools of the district.
If the | ||||||
24 | hearing is conducted by a hearing officer, the board of | ||||||
25 | education
shall, within 45 days after the receipt of the | ||||||
26 | hearing officer's findings,
decide whether or not the pupil is |
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1 | a resident of the district and the amount of
any tuition | ||||||
2 | required to be charged under Section 10-20.12a as a result of | ||||||
3 | the
pupil's attendance in the schools of the district. The | ||||||
4 | board of education
shall send, by certified mail, return | ||||||
5 | receipt requested, a copy of its decision
to the person who | ||||||
6 | enrolled the pupil, and the decision of the board shall be
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7 | final.
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8 | (d) If a hearing is requested under subsection (c) or (c-5) | ||||||
9 | to review
the determination of the school board or board of | ||||||
10 | education that a nonresident pupil is attending the schools of | ||||||
11 | the
district without payment of the tuition required to be | ||||||
12 | charged under Section
10-20.12a, the pupil may, at the request | ||||||
13 | of a person who enrolled
the pupil, continue attendance at the | ||||||
14 | schools of the district pending a final
decision of the board | ||||||
15 | following the hearing. However, attendance of
that pupil in the | ||||||
16 | schools of the district as authorized by this subsection (d)
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17 | shall not relieve any person who enrolled the pupil of the | ||||||
18 | obligation to pay
the tuition
charged for that attendance under | ||||||
19 | Section 10-20.12a if the final decision of
the board is that | ||||||
20 | the pupil is a nonresident of the district.
If a pupil is | ||||||
21 | determined to be a nonresident of the district for whom tuition
| ||||||
22 | is required to be charged pursuant to this Section, the board | ||||||
23 | shall
refuse to permit the pupil to continue attending the | ||||||
24 | schools of the district
unless the required tuition is paid for | ||||||
25 | the pupil.
| ||||||
26 | (e) Except for a pupil referred to in subsection (b) of |
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1 | Section 10-22.5a, a
pupil referred to in Section 10-20.12a, or | ||||||
2 | a pupil referred to in subsection
(b) of this Section, a person | ||||||
3 | who knowingly enrolls or
attempts to enroll in the schools of a | ||||||
4 | school district on a tuition free basis
a pupil known by that | ||||||
5 | person to be a nonresident of the district shall be
guilty of a | ||||||
6 | Class C misdemeanor.
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7 | (f) A person who knowingly or wilfully presents to any | ||||||
8 | school district any
false information regarding the residency | ||||||
9 | of a pupil for the purpose of
enabling that pupil to attend any | ||||||
10 | school in that district without the payment
of a nonresident | ||||||
11 | tuition charge shall be guilty of a Class C misdemeanor.
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12 | (g) The provisions of this Section are subject to the | ||||||
13 | provisions of the
Education for Homeless Children Act. Nothing | ||||||
14 | in this Section shall be
construed to apply to or require the | ||||||
15 | payment of tuition by a parent or guardian
of a "homeless | ||||||
16 | child" (as that term is defined in Section 1-5 of the Education
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17 | for Homeless Children Act) in connection with or as a result of | ||||||
18 | the homeless
child's continued education or enrollment in a | ||||||
19 | school that is chosen in
accordance with any of the options | ||||||
20 | provided in Section 1-10 of that Act.
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21 | (Source: P.A. 94-309, eff. 7-25-05.)
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22 | Section 10. The Probate Act of 1975 is amended by changing | ||||||
23 | Sections 11-5.4 and 11-13.2 as follows:
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24 | (755 ILCS 5/11-5.4)
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1 | Sec. 11-5.4. Short-term guardian.
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2 | (a) A parent, adoptive parent, or adjudicated parent whose | ||||||
3 | parental
rights
have not been terminated,
or the guardian of | ||||||
4 | the person of a minor
may appoint in writing, without court | ||||||
5 | approval, a
short-term guardian of an unmarried minor or a | ||||||
6 | child likely to be born. The
written instrument appointing a | ||||||
7 | short-term guardian shall be dated and shall
identify the | ||||||
8 | appointing parent
or guardian,
the minor, and the person | ||||||
9 | appointed to be the
short-term guardian. The written instrument | ||||||
10 | shall be signed by, or at the
direction of, the appointing | ||||||
11 | parent in the presence of at least 2 credible
witnesses at | ||||||
12 | least 18 years of age, neither of whom is the person appointed | ||||||
13 | as
the short-term guardian. The person appointed as the | ||||||
14 | short-term guardian shall
also sign the written instrument, but | ||||||
15 | need not sign at the same time as the
appointing parent.
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16 | (b) A parent or guardian shall not appoint a short-term | ||||||
17 | guardian of a
minor if the
minor has another living parent, | ||||||
18 | adoptive parent or adjudicated parent, whose
parental rights | ||||||
19 | have not been terminated, whose whereabouts are known, and who
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20 | is willing and able to make and carry out day-to-day child care | ||||||
21 | decisions
concerning the minor, unless the nonappointing | ||||||
22 | parent consents to the
appointment by signing the written | ||||||
23 | instrument of appointment.
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24 | (c) The appointment of the short-term guardian is effective | ||||||
25 | immediately upon
the date the written instrument is executed, | ||||||
26 | unless the written instrument
provides for the appointment to |
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1 | become effective upon a later specified date or
event. The | ||||||
2 | short-term guardian shall have authority to act as guardian of | ||||||
3 | the
minor as provided in Section 11-13.2 for a period of 365
60 | ||||||
4 | days
from the date the appointment is effective, unless the | ||||||
5 | written instrument
provides for the appointment to terminate | ||||||
6 | upon an earlier specified date or
event. Only one written | ||||||
7 | instrument appointing a short-term guardian may be in
force at | ||||||
8 | any given time.
| ||||||
9 | (d) Every appointment of a short-term guardian may be | ||||||
10 | amended or revoked by
the appointing parent or by the | ||||||
11 | appointing guardian of the person of the
minor
at any time and | ||||||
12 | in any manner communicated to the
short-term guardian or to any | ||||||
13 | other person. Any person other than the
short-term guardian to | ||||||
14 | whom a revocation or amendment is communicated or
delivered | ||||||
15 | shall make all reasonable efforts to inform the short-term | ||||||
16 | guardian
of that fact as promptly as possible.
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17 | (e) The appointment of a short-term guardian or successor | ||||||
18 | short-term
guardian does not affect the rights of the other | ||||||
19 | parent in the minor.
| ||||||
20 | (f) The written instrument appointing a short-term | ||||||
21 | guardian may, but need
not, be in the following form:
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22 | APPOINTMENT OF SHORT-TERM GUARDIAN
| ||||||
23 | [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
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24 | By properly completing this form, a parent or the guardian
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1 | of the person of the child is appointing a guardian of
a child | ||||||
2 | of the parent
(or a minor ward of the guardian, as the case may | ||||||
3 | be)
for a period of up to 365
60 days. A separate form should be
| ||||||
4 | completed for each child. The person appointed as
the guardian | ||||||
5 | must sign the form, but need not do so at the same time as the
| ||||||
6 | parent or parents or guardian.
| ||||||
7 | This form may not be used to appoint a guardian if there is | ||||||
8 | a guardian
already appointed for the child, except that if
a | ||||||
9 | guardian of the person of the child has
been appointed, that | ||||||
10 | guardian may use this form to appoint a
short-term guardian.
| ||||||
11 | Both living parents of a child may together
appoint a guardian | ||||||
12 | of the child, or the
guardian of the person of the child may
| ||||||
13 | appoint a guardian of the child,
for a period
of up to 365
60 | ||||||
14 | days through the use
of this form.
If the short-term guardian | ||||||
15 | is appointed by both living parents of the
child,
the parents | ||||||
16 | need not sign the form at the same time.]
| ||||||
17 | 1. Parent
(or guardian)
and Child. I, (insert name of | ||||||
18 | appointing parent
or guardian), currently
residing at | ||||||
19 | (insert address of appointing parent
or guardian), am a | ||||||
20 | parent
(or the guardian of the
person)
of
the following
| ||||||
21 | child (or of a child likely to be born): (insert name and | ||||||
22 | date of birth of
child, or insert the words "not yet born" | ||||||
23 | to appoint a short-term guardian for
a child likely to be | ||||||
24 | born and the child's expected date of birth).
| ||||||
25 | 2. Guardian. I hereby appoint the following person as | ||||||
26 | the short-term
guardian for the child: (insert name and |
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| |||||||
1 | address of appointed
person).
| ||||||
2 | 3. Effective date. This appointment becomes effective: | ||||||
3 | (check one if you
wish it to be applicable)
| ||||||
4 | ( ) On the date that I state in writing that I am | ||||||
5 | no longer either
willing or able to make and carry out | ||||||
6 | day-to-day child care decisions
concerning the child.
| ||||||
7 | ( ) On the date that a physician familiar with my | ||||||
8 | condition certifies
in writing that I am no longer | ||||||
9 | willing or able to make and carry out day-to-day
child | ||||||
10 | care decisions concerning the child.
| ||||||
11 | ( ) On the date that I am admitted as an in-patient | ||||||
12 | to a hospital or
other health care institution.
| ||||||
13 | ( ) On the following date: (insert date).
| ||||||
14 | ( ) Other: (insert other).
| ||||||
15 | [NOTE: If this item is not completed, the appointment is | ||||||
16 | effective
immediately upon the date the form is signed and | ||||||
17 | dated below.]
| ||||||
18 | 4. Termination. This appointment shall terminate 365
| ||||||
19 | 60 days after the
effective date, unless it terminates | ||||||
20 | sooner as determined by the event or date
I have indicated | ||||||
21 | below: (check one if you wish it to be applicable)
| ||||||
22 | ( ) On the date that I state in writing that I am | ||||||
23 | willing and able to
make and carry out day-to-day child | ||||||
24 | care decisions concerning the
child.
| ||||||
25 | ( ) On the date that a physician familiar with my | ||||||
26 | condition certifies
in writing that I am willing and |
| |||||||
| |||||||
1 | able to make and carry out day-to-day child
care | ||||||
2 | decisions concerning the child.
| ||||||
3 | ( ) On the date that I am discharged from the | ||||||
4 | hospital or other health
care institution where I was | ||||||
5 | admitted as an in-patient, which established the
| ||||||
6 | effective date.
| ||||||
7 | ( ) On the date which is (state a number of days, | ||||||
8 | but no more than 365
60
days) days after the effective | ||||||
9 | date.
| ||||||
10 | ( ) Other: (insert other).
| ||||||
11 | [NOTE: If this item is not completed, the appointment will be | ||||||
12 | effective for a
period of 365
60 days, beginning on the | ||||||
13 | effective date.]
| ||||||
14 | 5. Date and signature of appointing parent
or guardian. | ||||||
15 | This
appointment is made
this (insert day) day of (insert | ||||||
16 | month and year).
| ||||||
17 | Signed: (appointing parent)
| ||||||
18 | 6. Witnesses. I saw the parent
(or the guardian of the
| ||||||
19 | person of the child)
sign this instrument or I saw the | ||||||
20 | parent
(or the guardian of the
person of the child) direct
| ||||||
21 | someone to sign this instrument for the parent
(or the | ||||||
22 | guardian). Then I
signed this
instrument as a witness in | ||||||
23 | the presence of the parent (or the
guardian). I am not | ||||||
24 | appointed in
this instrument to act as the short-term | ||||||
25 | guardian for the child.
(Insert space for names, addresses, | ||||||
26 | and signatures of 2 witnesses)
|
| |||||||
| |||||||
1 | 7. Acceptance of short-term guardian. I accept this | ||||||
2 | appointment as
short-term guardian on this (insert day) day | ||||||
3 | of (insert month and year).
| ||||||
4 | Signed: (short-term guardian)
| ||||||
5 | 8. Consent of child's other parent. I, (insert name of | ||||||
6 | the child's other
living parent), currently residing at | ||||||
7 | (insert address of child's other living
parent), hereby | ||||||
8 | consent to this appointment on this (insert day) day of
| ||||||
9 | (insert month and year).
| ||||||
10 | Signed: (consenting parent)
| ||||||
11 | [NOTE: The signature of a consenting parent is not necessary if | ||||||
12 | one of the
following applies: (i) the child's other parent has | ||||||
13 | died; or (ii) the
whereabouts of the child's other parent are | ||||||
14 | not known; or (iii) the child's
other parent is not willing or | ||||||
15 | able to make and carry out day-to-day child care
decisions | ||||||
16 | concerning the child; or (iv) the child's parents were never | ||||||
17 | married
and no court has issued an order establishing | ||||||
18 | parentage.]
| ||||||
19 | (Source: P.A. 90-796, eff. 12-15-98.)
| ||||||
20 | (755 ILCS 5/11-13.2)
| ||||||
21 | Sec. 11-13.2. Duties of short-term guardian of a minor.
| ||||||
22 | (a) Immediately upon the effective date of the appointment | ||||||
23 | of a short-term
guardian, the short-term guardian shall assume | ||||||
24 | all duties as short-term
guardian of the minor as provided in | ||||||
25 | this Section. The short-term guardian of
the person shall have |
| |||||||
| |||||||
1 | authority to act as short-term guardian, without
direction of | ||||||
2 | court, for the duration of the appointment, which in no case | ||||||
3 | shall
exceed a period of 365
60 days. The authority of the | ||||||
4 | short-term guardian may be
limited or terminated by a court of | ||||||
5 | competent jurisdiction.
| ||||||
6 | (b) Unless further specifically limited by the instrument | ||||||
7 | appointing the
short-term guardian, a short-term guardian | ||||||
8 | shall have the authority to act as a
guardian of the person of | ||||||
9 | a minor as prescribed in Section 11-13, but shall not
have any | ||||||
10 | authority to act as guardian of the estate of a minor, except | ||||||
11 | that a
short-term guardian shall have the authority to apply | ||||||
12 | for and receive on behalf
of the minor benefits to which the | ||||||
13 | child may be entitled from or under federal,
State, or local | ||||||
14 | organizations or programs.
| ||||||
15 | (Source: P.A. 88-529.)
|