Illinois Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   The Illinois instrument is the Appointment of Short-Term Guardian under 755 ILCS 5/11-5.4. The parent, or the court-appointed guardian of the person, signs it, and the short-term guardian signs too. The statute includes an optional model form in 11-5.4(f) that may be used but need not be.

2. 2

   The term is 365 days from the date the appointment is effective, and the effective date may be set to a later date or event. There is no general renewal. A parent in active military service may appoint for longer, not to exceed the term of active duty plus 30 days, and a guardian appointed because of an administrative separation may renew for an additional 365 days if the separation is still in effect.

3. 3

   The parent signs, or directs another to sign, in the presence of at least 2 credible witnesses aged 18 or older, neither of whom is the person appointed. The instrument must be dated and identify the appointing parent, the minor, and the appointee. 755 ILCS 5/11-5.4 does not mention a notary or a filing step.

4. 4

   A non-appointing living parent must also sign a consent if their whereabouts are known and they are willing and able to make day-to-day decisions. Consent is excused if that parent is deceased, whereabouts are unknown, the parent is unwilling or unable, or the parents never married and no parentage order exists. The appointment does not affect the other parent's rights.

5. 5

   The short-term guardian may act as guardian of the person as prescribed in Section 11-13, and may apply for and receive benefits for the minor, unless the instrument limits it. There is no authority as guardian of the estate other than receiving benefits, and the appointment is not consent to a court appointing a guardian. This page does not promise that any school or medical provider must accept the document.

6. 6

   This is not a court guardianship. It is made in writing without court approval, and the appointment does not affect the other parent's rights. The appointing parent may amend or revoke it at any time, in any manner communicated to the short-term guardian or any other person. The statute states no relative requirement and no minimum age for the person named.

7. 7

   If this document does not fit your situation, for example the child will be away longer than the term allows, consider a court route: guardian of a minor under 755 ILCS 5/11-5 (a court generally cannot appoint one while a fit parent objects), or a standby guardian under 755 ILCS 5/11-5.3, which a court must appoint on petition; after learning of the parent's death, consent or inability, a standby guardian acts without court direction for up to 60 days and must petition for guardianship within 60 days. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Illinois child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Illinois Requirements for Temporary Guardianship Agreement

• Parent-Signed Short-Term Guardian Appointment

  A parent, or a court-appointed guardian of the person, may appoint in writing, without court approval, a short-term guardian of an unmarried minor or a child likely to be born (755 ILCS 5/11-5.4(a)).

• 365-Day Term

  The short-term guardian acts for 365 days from the date the appointment is effective, with no general renewal. A parent in active military service may appoint for longer than 365 days, not to exceed the term of active duty plus 30 days, and a guardian appointed because of an administrative separation may renew for an additional 365 days if the separation is still in effect (755 ILCS 5/11-5.4(c), (d-5), (e-10)).

• Two Adult Witnesses

  The parent signs, or directs another to sign, in the presence of at least 2 credible witnesses aged 18 or older, neither of whom is the person appointed (755 ILCS 5/11-5.4(a)).

• Other Parent's Consent

  A non-appointing living parent must also sign a consent if their whereabouts are known and they are willing and able to make day-to-day decisions. The appointment does not affect the other parent's rights (755 ILCS 5/11-5.4(b), (e)).

• Short-Term Guardian Signature

  The short-term guardian must sign the instrument but need not sign at the same time as the parent. The instrument must be dated and identify the appointing parent, the minor and the appointee (755 ILCS 5/11-5.4).

• Authority and Estate Exclusion

  The short-term guardian may act as guardian of the person under Section 11-13 and apply for and receive benefits for the minor, unless limited by the instrument. There is no authority as guardian of the estate other than receiving benefits (755 ILCS 5/11-13.2(b)).

• Revocation at Any Time

  The appointing parent or guardian may amend or revoke the appointment at any time and in any manner communicated to the short-term guardian or to any other person (755 ILCS 5/11-5.4(d)).

• One Instrument at a Time

  Only one written instrument appointing a short-term guardian may be in force at a time, and the effective date may be set to a later date or event (755 ILCS 5/11-5.4(c)).

• Optional Statutory Model Form

  The statute gives a model form that may, but need not, be used (755 ILCS 5/11-5.4(f)).