Get Illinois Guardian Form

Get Illinois Guardian Form

The Illinois Guardian form is a legal document that allows a parent or guardian to appoint a short-term guardian for their child for up to 365 days. This form is particularly useful for parents who may be temporarily unable to care for their child due to military service or other circumstances. Completing this form ensures that your child's care is entrusted to a responsible individual during your absence.

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The Illinois Guardian form, officially known as CFS 444-2, serves as a vital tool for parents and guardians seeking to appoint a short-term guardian for their children. This document allows for the designation of a guardian for a period of up to 365 days, providing peace of mind during times of need. It is particularly relevant for parents who are members of the Armed Forces, as they can appoint a guardian for the duration of their active duty plus an additional 30 days. Each child requires a separate form, ensuring that specific needs are addressed. The appointed guardian must sign the form, although this does not have to occur simultaneously with the parent’s signature. The effective date of the guardian's appointment can vary, depending on circumstances such as the parent’s ability to make day-to-day care decisions or the onset of hospitalization. The form also outlines how and when the appointment can be terminated, typically after 365 days unless specified otherwise. Witness signatures are required to validate the appointment, and consent from the other parent may be necessary unless certain conditions apply. This comprehensive approach ensures that the welfare of the child remains the top priority while providing flexibility for parents during challenging times.

Document Breakdown

Fact Name Details
Purpose of the Form This form allows a parent or guardian to appoint a short-term guardian for their child for up to 365 days.
Eligibility for Appointment A parent or guardian who is a member of the Armed Forces can appoint a short-term guardian for the duration of their active duty service plus 30 days.
Multiple Appointments If both living parents agree, they can appoint a guardian together, and they do not need to sign the form simultaneously.
Effective Date The appointment can become effective immediately or on a specified date, depending on the circumstances outlined by the parent or guardian.
Governing Law The form is governed by Illinois law, specifically 755 ILCS 5/11-5.4 and 755 ILCS 5/11-13.2.

Common PDF Forms

Misconceptions

  • Misconception 1: The Illinois Guardian form can be used to appoint a guardian even if one is already in place.
  • This is not true. The form cannot be used if a guardian has already been appointed for the child, unless the existing guardian is the one using the form to appoint a short-term guardian.

  • Misconception 2: Only one parent can appoint a short-term guardian.
  • In fact, both living parents can jointly appoint a guardian for their child. They do not need to sign the form at the same time, making it a flexible option for families.

  • Misconception 3: The appointment of a short-term guardian lasts indefinitely.
  • This is incorrect. The appointment is effective for a maximum of 365 days, unless terminated sooner by specific events outlined in the form.

  • Misconception 4: A short-term guardian has the same authority as a permanent guardian.
  • While a short-term guardian can make day-to-day decisions for the child, they do not have the same authority as a permanent guardian, especially regarding the child's estate.

  • Misconception 5: The form must be signed by all parties at the same time.
  • This is not necessary. The person appointed as the guardian does not have to sign the form at the same time as the parent or parents.

  • Misconception 6: The form is only for military parents.
  • While military parents can use this form during active duty, it is available to any parent or guardian wishing to appoint a short-term guardian for their child.

  • Misconception 7: Witness signatures are not required for the form to be valid.
  • Witness signatures are indeed required. The witness must see the parent or guardian sign the document, ensuring that the appointment is legitimate.

  • Misconception 8: The short-term guardian can make decisions about the child's estate.
  • This is misleading. A short-term guardian does not have authority over the child's estate but can apply for benefits on behalf of the child from various programs.

Example - Illinois 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

When filling out the Illinois Guardian form, it is essential to approach the process with care and attention to detail. Below are ten important dos and don'ts to consider:

  • Do read all instructions carefully before starting.
  • Do complete a separate form for each child you wish to appoint a guardian for.
  • Do ensure that the person you are appointing as guardian is aware and agrees to this responsibility.
  • Do include accurate dates for both the start and end of the appointment period.
  • Do have the form signed by both parents if applicable, even if not at the same time.
  • Don't forget to include your current address and the child's details.
  • Don't use this form if there is already a guardian appointed for the child unless specific conditions are met.
  • Don't leave the effective date section blank; it is crucial for the appointment's validity.
  • Don't overlook the requirement for witnesses; they must sign the form to validate it.
  • Don't assume that a signature from the other parent is always necessary; be aware of exceptions.

Illinois Guardian: Usage Instruction

Completing the Illinois Guardian form is a crucial step for parents or guardians looking to appoint a short-term guardian for their child. This process ensures that your child will be cared for in your absence, whether due to military service, health issues, or other circumstances. Each step must be followed carefully to ensure the form is valid and effective.

  1. Identify Yourself: In the first section, write your name and current address. Specify whether you are the parent or the guardian of the child.
  2. Provide Child's Information: Enter the name of the child for whom you are appointing a guardian. If applicable, include the name of a child likely to be born.
  3. Appoint a Guardian: Clearly state the name and address of the person you wish to appoint as the short-term guardian.
  4. Effective Date: Choose the effective date for this appointment. You can select from several options, including the date you are no longer able to make decisions or a specific date you write in.
  5. Termination Date: Indicate when this appointment will end. Similar to the effective date, you can select various options based on your situation.
  6. Sign the Form: On the designated line, sign and date the form. Ensure this is done on the correct date.
  7. Witness Signatures: Have two witnesses sign the form, confirming they saw you sign it. They must also provide their names and addresses.
  8. Guardian Acceptance: The appointed guardian should sign and date the form, accepting their role.
  9. Consent of Other Parent: If applicable, the other parent must sign the form to consent to this appointment. If certain conditions apply, this signature may not be necessary.

After completing these steps, ensure that all signatures are present and that the form is stored in a safe place. It may be wise to provide copies to the appointed guardian and any relevant family members or friends. This preparation will help ensure a smooth transition should the need for the guardian arise.