Bill Amendment: IL HB4327 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: POWER OF ATTY-CHILD CUSTODY

Status: 2016-07-22 - Public Act . . . . . . . . . 99-0599 [HB4327 Detail]

Download: Illinois-2015-HB4327-House_Amendment_001.html

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Rep. Patricia R. Bellock

Filed: 3/29/2016

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AMENDMENT TO HOUSE BILL 4327
AMENDMENT NO. ______. Amend House Bill 4327 by replacing
everything after the enacting clause with the following:
"Section 5. The Probate Act of 1975 is amended by changing
Section 11-5.4 as follows:
(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

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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. 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
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. 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.
(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

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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
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

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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
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

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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).
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).
( ) 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

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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, 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
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).
( ) 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

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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

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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.)".