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The Illinois Appointment of Short-Term Guardian form (CFS 444-2) is a vital document for parents or guardians seeking to ensure the care of their child in their absence. This form allows a parent or legal guardian to appoint a trusted individual as a short-term guardian for a duration of up to 365 days. This can be particularly helpful in situations where a parent is called to active military duty, as it permits them to appoint a guardian for the period of their service plus an additional 30 days. Each child requires a separate form, thereby ensuring that every minor’s needs are individually addressed. The appointed guardian must sign the form, although they do not need to be present at the time of the parent’s signature. The form also includes specific provisions regarding its effective date, outlining circumstances under which the appointment becomes active. Furthermore, parents can specify when the guardianship will terminate, with options catering to various scenarios, including medical incapacity or discharge from a hospital. By filling out this document, parents can rest assured that their child will be looked after by someone they trust in times of need, thereby providing peace of mind during periods of uncertainty.
Illinois Appointment Short Term Guardian Example
CFS |
State of Illinois |
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Rev 12/2016 |
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Department of Children and Family Services |
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APPOINTMENT OF |
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755 ILCS |
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
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
1. Parent (or guardian) and Child. I, |
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currently residing at |
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am a parent (or the guardian of the person) of the following child (or of a child likely to |
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be born): |
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2.Guardian. I hereby appoint the following person as the
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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-
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
On the following date: |
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On the date my active duty service begins: |
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Other: |
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(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
On the date that a physician familiar with my condition certifies in writing that I am willing and able to make and carry out
On the date that I am discharged from the hospital or other health care institution where I was admitted as an
On the date which is |
days after the effective date. (may |
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not exceed 365 days) |
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On the date no more than 30 days after my active duty service is scheduled to end |
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(insert date active duty service is scheduled to end): |
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Other: |
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(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 |
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day of |
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, 20 |
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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
Witness
(signature)
(Name)
(Address)
Witness
(signature)
(Name)
(Address)
7. Acceptance of
I accept this appointment as |
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day of |
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, 20 |
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Signed
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8. Consent of child’s other parent. I, |
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currently residing at |
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hereby consent to this appointment on this |
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day of |
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, 20 |
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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
(Source: P.A.
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
(b)Unless further specifically limited by the
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File Breakdown
| Fact Title | Description |
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| Governing Laws | The Illinois Appointment Short Term Guardian form is governed by the Illinois Compiled Statutes, specifically 755 ILCS 5/11-5.4 and 755 ILCS 5/11-13.2. |
| Validity Period | This form allows for the appointment of a short-term guardian for a period of up to 365 days, with specific provisions for military parents extending the appointment up to 30 days beyond active duty service. |
| Requirement for Separate Forms | Parents or guardians must fill out a separate Appointment Short Term Guardian form for each child they intend to designate a short-term guardian for. |
| Simultaneous Signatures Not Required | While both parents may jointly appoint a guardian, they are not required to sign the form at the same time, offering flexibility in the appointment process. |
| Guardian Responsibilities | The appointed short-term guardian assumes full responsibility for the child’s care immediately upon the effective date of the appointment and retains those duties for the duration of the appointment. |
Guide to Using Illinois Appointment Short Term Guardian
Filling out the Illinois Appointment Short Term Guardian form is a crucial step in securing care for your child during your absence. It is recommended that you complete this form carefully to ensure that all details are accurate. Each child requires a separate form, and it is important to gather all necessary information before beginning the process.
- In the section titled "Parent (or guardian) and Child," provide your name and address as the parent or legal guardian, along with the name of the child you are appointing a guardian for.
- In the "Guardian" section, write down the name and address of the person you are appointing as the short-term guardian for your child.
- Specify the effective date of this appointment. Choose one of the options provided, or write a specific date if applicable.
- Indicate when the appointment will terminate. Select from the options available or fill in a date, not exceeding 365 days from the effective date.
- Sign and date the form in the section labeled "Date and signature of appointing parent or guardian." This confirms your intention for the appointment.
- Two witnesses must sign the form to verify your signature. Their names and addresses must also be included. Ensure that the witnesses are not appointed as the short-term guardian.
- The person you are appointing as a short-term guardian should sign the "Acceptance of short-term guardian" section on the form, indicating their acceptance of this responsibility.
- If applicable, the other parent should fill out and sign the "Consent of child’s other parent" section, unless an exception applies, as stated in the form.
Get Answers on Illinois Appointment Short Term Guardian
What is the Illinois Appointment Short-Term Guardian form?
The Illinois Appointment Short-Term Guardian form allows a parent or guardian to designate someone to take care of their child for a limited time, up to 365 days. This can be useful for parents who may temporarily be unable to care for their child due to various reasons, such as deployment or health issues.
Who can use this form?
Any parent or guardian of a child may use this form. Particularly, military personnel on active duty can appoint a short-term guardian for the duration of their service and 30 days thereafter. Both parents can appoint a guardian together, or one guardian may do so alone if there is already an existing guardian for the child.
How long is the guardian appointment valid?
The appointment can last for up to 365 days from the effective date specified on the form. If specific conditions require, the appointment can terminate earlier. The parent can choose conditions, such as the ability to rescind the appointment in writing when they feel capable of making childcare decisions again.
What are the responsibilities of a short-term guardian?
The short-term guardian assumes full responsibility for the child as of the effective appointment date. Their duties include making day-to-day decisions about the child's care. However, they do not have authority over the child's estate or finances, except to collect benefits that may be owed to the child.
What if the other parent disagrees with the appointment?
If both parents were to sign the form together, then their consent is clear. However, if one parent is unavailable or does not agree, the consenting parent's signature may not be necessary in certain situations. For instance, if the other parent has passed away, or if their location isn’t known, the appointment can still proceed without their consent.
Common mistakes
Filling out the Illinois Appointment Short Term Guardian form can be a straightforward process, but several common mistakes can create complications. One frequent error is failing to complete a separate form for each child. Since the form is designed for a single child, it is essential to recognize that each child needs individual documentation.
Another common mistake occurs when parents or guardians neglect to provide the guardian's full name and address. This information is vital for establishing clear legal responsibilities. Additionally, skipping the section that specifies the effective date of the appointment can lead to misunderstandings. Without a clear effective date, the appointment may be interpreted incorrectly.
People often overlook the termination details as well. Not specifying a termination date or event could result in the appointment lasting longer than intended, potentially complicating custody arrangements. Similarly, neglecting to have the appropriate witnesses present during signing can invalidate the form, undermining the entire process.
Some individuals might forget that at least one witness must not be named as the guardian. This detail is key, as having an interested party act as a witness can raise legal issues. Moreover, the consent of the child’s other parent must be obtained unless certain exceptions apply. Failing to secure this consent where necessary can lead to further complications.
Finally, it’s important to ensure that the short-term guardian's acceptance is documented. A signature from the appointed guardian is required to confirm their understanding and willingness to take on the responsibilities outlined in the form. Addressing these mistakes will help ensure the form is valid and effective.
Documents used along the form
The Illinois Appointment Short-Term Guardian form is a vital document for parents or guardians who need to designate someone to care for their child temporarily. In addition to this form, there are several other documents and forms that are frequently used in conjunction with it to ensure the legal appointment and responsibilities of guardians are clear and properly executed. Below is a list of related documents, each serving a specific purpose in the guardianship process.
- Power of Attorney for Minor Child: This document allows a parent to delegate authority to another individual to make decisions regarding the care, education, and welfare of their child, typically for a longer term than the short-term guardian appointment.
- Temporary Custody Order: If there are concerns about a child's safety or well-being, this legal order may grant temporary custody to another individual, often requiring court approval, and supersedes any informal arrangements.
- Health Care Proxy: This document allows a guardian or another trusted individual to make medical decisions on behalf of a minor if the parent or guardian is unable to do so due to illness or absence.
- Child Care Agreement: This agreement outlines the responsibilities of the appointed guardian regarding the child's day-to-day care, helping clarify expectations and prevent misunderstandings.
- Notification of Appointment: Parents may choose to provide written notice to schools, caregivers, or other stakeholders about the appointment of a short-term guardian to ensure they are aware of who has the legal authority during the appointed period.
- Consent Forms: These forms may be necessary to obtain parent or guardian consent for specific activities, such as enrolling the child in school or allowing them to participate in extracurricular activities while under the guardianship of another.
Using the Illinois Appointment Short Term Guardian form in conjunction with these documents helps clarify the guardianship arrangements and ensures that the child’s welfare is prioritized. Always be sure to consult relevant resources to meet the specific needs of your situation, as these documents can play crucial roles in establishing effective guardianship practices.
Similar forms
- Durable Power of Attorney for Minor Child: This document allows a parent to designate another adult to make decisions about a child's care, similar to the Illinois Appointment Short Term Guardian form. Both documents focus on temporary guardianship and care decisions.
- Temporary Custody Agreement: This agreement is used to give temporary custody of a child to another adult. Like the Illinois form, it outlines the time frame and responsibilities of the appointed adult.
- Minor Child Travel Consent: This form permits a minor to travel with an adult who is not their parent. It shares similarities with the Illinois form in providing temporary authority for decision-making on behalf of a child.
- Letter of Consent for Care: This letter allows parents to grant another adult permission to care for their child while they are away. Like the Illinois form, it ensures the temporary caregiver has decision-making authority.
- Power of Attorney for Healthcare: While focused specifically on healthcare decisions, this document allows parents to delegate authority to someone else. It is similar in structure and purpose regarding decision-making authority during a specified time.
- Emergency Care Plan: This plan details who can care for a child in case of an emergency. Similar to the Illinois form, it identifies guardians who can make important decisions about a child's welfare.
- Court-Appointed Guardian: Though obtained through legal proceedings, this document designates a guardian for a child. Both it and the short-term guardian form establish a guardian for specific periods.
- Child Care Agreement: This agreement outlines the terms under which a caregiver is authorized to look after a child. Similar to the Illinois form, it specifies the duration of care and decision-making powers.
Dos and Don'ts
When filling out the Illinois Appointment Short Term Guardian form, here are some crucial do's and don'ts to keep in mind:
- Do ensure you complete a separate form for each child needing a guardian.
- Do have the appointed guardian sign the form, even if it’s not at the same time as you.
- Do clearly indicate the specific dates related to your guardianship appointment in the designated sections.
- Do check that no other guardian is currently appointed for your child, unless you are the existing guardian.
- Don't leave any section blank. Completing every designated area is essential for the form's validity.
- Don't forget to involve both parents if both are living; both must appoint the guardian jointly.
- Don't overlook the consent of the child's other parent if applicable—however, it’s not needed in certain situations.
- Don't assume the form is effective immediately unless you specify; double-check your effective date statement.
Misconceptions
Understanding the Illinois Appointment Short-Term Guardian form is essential for parents and guardians. Unfortunately, several misconceptions can lead to confusion. Here are four common misconceptions:
- Misconception 1: The form can only be used for children with no existing guardians.
- Misconception 2: Both parents must sign the form at the same time.
- Misconception 3: The guardian has unlimited authority over the child.
- Misconception 4: The form is only effective once signed by the guardian and the parent.
In reality, this form can still be utilized if a guardian is already appointed. Specifically, if a guardian of the person has been designated, that guardian may appoint a short-term guardian using this form.
This is not true. The form allows for both parents to appoint a guardian without the need for simultaneous signatures. This flexibility assists in urgent or temporary situations.
Contrary to this belief, the short-term guardian's authority is explicitly defined and can only last for up to 365 days. Additionally, it cannot extend beyond this period unless terminated earlier.
Actually, the effectiveness of the appointment may vary based on the conditions specified in the form. If no effective date is indicated, it automatically becomes effective upon signing.
Key takeaways
- The form is specific to Illinois: It is designed for use within the state and should comply with local laws.
- Separate forms for each child: One form must be filled out for each child you wish to appoint a guardian for.
- Eligibility for parents in the military: Parents serving in the military may extend the guardian’s appointment period to cover active duty plus 30 days.
- Signature requirements: The appointed guardian must sign the form, but does not need to do so simultaneously with the parent(s).
- Effective date options: You can choose when the appointment becomes effective, such as upon hospitalization or a specific date.
- 365-day limit: Appointments are generally limited to 365 days unless terminated earlier by specified conditions.
- Witnesses required: Two witnesses must sign the form after observing the parent or guardian sign it.
- Consent from other parents: If applicable, the other parent must also consent in writing to the appointment.
- Short-term guardian responsibilities: The guardian assumes all duties immediately upon the effective date, with authority to make day-to-day decisions.
- Limited authority over estate: A short-term guardian cannot manage the child’s estate but can apply for benefits on their behalf.