Get Illinois Appointment Short Term Guardian Form

Get Illinois Appointment Short Term Guardian Form

The Illinois Appointment Short Term Guardian form is a legal document that allows a parent or guardian to designate someone to care for their child for a temporary period of up to 365 days. This form is particularly useful for parents who may be unable to make day-to-day decisions regarding their child's welfare, such as those serving in the military or facing medical challenges. To ensure proper care for your child during your absence, consider filling out this form by clicking the button below.

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The Illinois Appointment Short Term Guardian form, officially known as CFS 444-2, is a crucial document for parents and guardians who need to designate a temporary guardian for their child. This form allows a parent or guardian to appoint someone to care for their child for a period of up to 365 days. It is particularly beneficial for parents in the Armed Forces, who can appoint a guardian for the duration of their active duty plus an additional 30 days. Each child requires a separate form, ensuring that the legal rights and responsibilities are clearly defined. The appointed guardian must sign the form, but this does not have to occur simultaneously with the parent’s signature. The form outlines the effective date of the appointment and provides options for its termination, ensuring flexibility based on the parent's circumstances. It also includes provisions for consent from the child's other parent, although this consent is not always necessary. Understanding the specifics of this form can help ensure that your child's care is managed appropriately in your absence.

Document Breakdown

Fact Name Details
Governing Law This form is governed by 755 ILCS 5/11-5.4.
Duration of Appointment A short-term guardian can be appointed for up to 365 days.
Eligibility for Appointment Only a parent or guardian can appoint a short-term guardian for their child.
Military Provision Parents in active military service can appoint a guardian for their child for the duration of service plus 30 days.
Signature Requirement The appointed guardian must sign the form, but not necessarily at the same time as the parent.
Termination of Appointment The appointment can terminate before 365 days if specified conditions are met, such as the parent regaining the ability to care for the child.

Common PDF Forms

Misconceptions

  • Misconception 1: The form can be used if a permanent guardian is already appointed.
  • This is incorrect. The Illinois Appointment Short Term Guardian form cannot be used if a guardian is already appointed for the child, except if the existing guardian is using it to appoint a short-term guardian.

  • Misconception 2: Both parents must sign the form at the same time.
  • In reality, both living parents can appoint a guardian without signing the form simultaneously. This flexibility allows for easier arrangements.

  • Misconception 3: The appointment lasts indefinitely.
  • This form appoints a guardian for a maximum of 365 days. After this period, a new appointment must be made if necessary.

  • Misconception 4: A guardian can be appointed for any duration.
  • The duration is limited to a maximum of 365 days. This ensures that the arrangement is temporary and regularly reviewed.

  • Misconception 5: The short-term guardian has the same powers as a permanent guardian.
  • A short-term guardian has specific powers and duties. They can make day-to-day decisions but cannot manage the child’s estate.

  • Misconception 6: The form must be notarized.
  • Notarization is not required for this form. However, it must be signed by the appointing parent or guardian and witnessed.

  • Misconception 7: The form can be used for children who are not yet born.
  • This form is specifically for children who are already born. It cannot be used for unborn children.

  • Misconception 8: The short-term guardian can make major life decisions for the child.
  • While the short-term guardian can make day-to-day decisions, they do not have the authority to make significant life decisions without additional legal processes.

  • Misconception 9: The form can be used if the parent is simply unavailable.
  • The form is meant for situations where the parent is unable or unwilling to make decisions, not just when they are unavailable.

Example - Illinois Appointment Short Term Guardian Form

CFS 444-2

State of Illinois

Rev 12/2016

Department of Children and Family Services

 

 

APPOINTMENT OF SHORT-TERM GUARDIAN

 

755 ILCS 5/11-5.4

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.

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 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,

 

,

currently residing at

 

,

am a parent (or the guardian of the person) of the following child (or of a child likely to

 

be born):

 

.

2.Guardian. I hereby appoint the following person as the short-term guardian for my child: (include name and address)

.

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3.Effective date. This appointment becomes effective: (Check one if you wish it to be applicable)

On the date that I date 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:

 

.

 

On the date my active duty service begins:

 

 

.

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 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

days after the effective date. (may

not exceed 365 days)

.

 

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:

 

.

(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

 

day of

 

, 20

 

.

Signed

Appointing parent(s) or guardian

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 parent’s child.

Witness

(signature)

(Name)

(Address)

Witness

(signature)

(Name)

(Address)

7. Acceptance of short-term guardian.

I accept this appointment as short-term guardian on this

 

day of

 

, 20

 

.

Signed

(Short-term guardian)

Page 3 of 4

8. Consent of child’s other parent. I,

 

 

 

 

 

 

,

currently residing at

 

 

 

 

 

 

,

hereby consent to this appointment on this

 

day of

 

, 20

 

.

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 order has issued an order establishing parentage.)

(Source: P.A. 95-568, eff. 6-1-08)

755 ILCS 5/11 - 13.2 Duties of a short term guardian of a minor.

(a)Immediately upon the effective date of the appointment of a short-term guardian, the short- term guardian of the minor shall assume all duties as short-term guardian of the minor as provided in this Section. The short-term guardian of the person shall have authority to act as short-term guardian, without direction of court, for the duration of the appointment, which in no case shall exceed a period of 365 days. The authority of the short-term guardian may be limited or terminated by a court of competent jurisdiction.

(b)Unless further specifically limited by the short-term guardian, a short-term guardian shall have the authority to act as guardian of the person of a minor as prescribed in Section 11-13, but shall not have any authority to act as guardian of the estate of a minor, except that a short-term guardian shall have the authority to apply for and receive on behalf of the minor benefits to which the child may be entitled from or under federal, State, or local organizations or programs.

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Dos and Don'ts

  • Do read all instructions carefully before starting to fill out the form.
  • Do fill out a separate form for each child you wish to appoint a guardian for.
  • Do ensure the appointed guardian signs the form, even if not at the same time as you.
  • Do specify the effective date clearly to avoid confusion later.
  • Do check the appropriate boxes regarding termination dates to ensure clarity.
  • Don't use this form if a guardian is already appointed for the child, unless the existing guardian is the one appointing a short-term guardian.
  • Don't forget to include your active duty service dates if you are a military member appointing a guardian.
  • Don't leave any sections blank that require information; incomplete forms may cause issues.
  • Don't forget to have witnesses sign the form if required, as their signatures are important.
  • Don't assume that a signature from the other parent is necessary if certain conditions apply.

Illinois Appointment Short Term Guardian: Usage Instruction

Filling out the Illinois Appointment Short Term Guardian form is an important step in ensuring that your child is cared for in your absence. This process allows a designated individual to make decisions regarding your child’s welfare for a limited time, providing peace of mind during challenging circumstances. Here’s how to complete the form effectively.

  1. Identify Yourself and Your Child: In the first section, write your name and address as the parent or guardian. Then, include the name of the child for whom you are appointing a guardian.
  2. Appoint the Guardian: Clearly write the name and address of the person you wish to appoint as the short-term guardian for your child.
  3. Effective Date: Indicate when the appointment will take effect. You can choose one of the options provided or specify a date. If you don’t fill this out, it will be effective immediately upon signing.
  4. Termination Date: Specify when the appointment will end. Similar to the effective date, you can choose from the options or write a specific date. If left blank, the appointment lasts for 365 days from the effective date.
  5. Sign the Form: On the designated line, sign and date the form as the appointing parent or guardian.
  6. Witnesses: Have two witnesses sign the form. They should confirm they saw you sign it, and they must include their names and addresses.
  7. Acceptance by Guardian: The appointed guardian must sign the form to accept the role. They should also include the date of acceptance.
  8. Consent of Other Parent: If applicable, the other parent should sign to consent to this appointment. If certain conditions apply, their signature may not be necessary.

Once you have completed the form, ensure that all signatures are obtained and that you keep a copy for your records. This will help ensure that your child is cared for according to your wishes during your absence.