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Outline

The Illinois Guardian form, officially known as CFS 444-2, serves as a crucial legal document for parents or guardians looking to appoint a short-term guardian for their child. This form allows for the appointment of a guardian for a period of up to 365 days, ensuring that a child's care and welfare are maintained during times of need. Designed with flexibility in mind, it accommodates various circumstances, such as military service, where a parent may need to designate a guardian while they are on active duty. The form requires the signatures of both the appointing parent or guardian and the selected short-term guardian, although these signatures do not have to be obtained simultaneously. Additionally, it includes provisions for the effective date of the appointment, which can be triggered by specific events such as hospitalization or the beginning of military service. Importantly, this form cannot be used if there is already an appointed guardian unless the existing guardian is designating a short-term guardian. The document also addresses the termination of the appointment, allowing for clarity on when the guardian's responsibilities end, whether it be after a set period or upon the parent regaining the ability to care for the child. Overall, the Illinois Guardian form is a vital tool for ensuring that children's needs are met in the absence of their primary caregivers.

Sample - 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)

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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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Form Information

Fact Name Details
Governing Law The Illinois Guardian form is governed by 755 ILCS 5/11-5.4.
Purpose This form allows a parent or guardian to appoint a short-term guardian for a child for up to 365 days.
Eligibility Parents or guardians who are active members of the Armed Forces can appoint a guardian for the duration of their service plus 30 days.
Effective Date The appointment can take effect immediately or on a specified date, such as the start of military service or upon hospitalization.
Termination The appointment automatically terminates 365 days after the effective date unless specified otherwise.
Witness Requirement The signing of the form must be witnessed by at least two individuals who are not appointed as guardians.
Consent of Other Parent If both parents are living, the consent of the other parent is required unless specific conditions apply.

Detailed Guide for Filling Out Illinois Guardian

Filling out the Illinois Guardian form requires careful attention to detail. This form allows a parent or guardian to appoint a short-term guardian for a child for a specified period. Each child needs a separate form, and the appointed guardian must sign the document. Follow these steps to complete the form accurately.

  1. Identify Yourself: In the first section, write your name and address as the parent or guardian of the child.
  2. Provide Child's Information: Enter the name of the child for whom you are appointing a guardian.
  3. Appoint a Guardian: Fill in the name and address of the person you are appointing as the short-term guardian.
  4. Effective Date: Choose the effective date for this appointment by checking the appropriate box or writing in a specific date.
  5. Termination Date: Indicate when the appointment will end by selecting a box or writing in a date. Ensure it does not exceed 365 days from the effective date.
  6. Sign the Form: Write the date and sign the form as the appointing parent or guardian.
  7. Witnesses: Have two witnesses sign the form, confirming they saw you sign it. They should also provide their names and addresses.
  8. Guardian Acceptance: The appointed guardian must sign the form to accept the appointment, including the date.
  9. Consent of Other Parent: If applicable, the other parent should sign the form to consent to the appointment, along with the date.

Obtain Answers on Illinois Guardian

  1. What is the Illinois Guardian form?

    The Illinois Guardian form, specifically CFS 444-2, is a legal document that allows a parent or guardian to appoint a short-term guardian for their child. This appointment can last for a maximum of 365 days. The form must be completed for each child separately.

  2. Who can use this form?

    This form can be used by a parent or guardian of a child. Additionally, if a parent or guardian is a member of the Armed Forces or certain commissioned services, they can appoint a short-term guardian for the duration of their active duty plus an additional 30 days.

  3. How long does the appointment last?

    The appointment of a short-term guardian can last up to 365 days. However, it can terminate earlier if specified conditions are met, such as the parent regaining the ability to make child care decisions.

  4. What conditions can trigger the effective date of the appointment?

    The effective date can be triggered by several conditions:

    • When the parent is no longer willing or able to make day-to-day child care decisions.
    • Upon certification from a physician stating the parent cannot make decisions.
    • When the parent is admitted to a hospital or health care institution.
    • On a specific date as indicated on the form.
    • When active duty service begins, if applicable.
  5. Can both parents appoint a guardian together?

    Yes, both living parents can jointly appoint a guardian for their child. They do not need to sign the form simultaneously, allowing for flexibility in the appointment process.

  6. What happens if there is already a guardian appointed?

    This form cannot be used if there is an existing guardian for the child, unless the current guardian wishes to appoint a short-term guardian. In that case, the current guardian can complete the form.

  7. What is required from the appointed short-term guardian?

    The appointed short-term guardian must sign the form to accept the appointment. They will assume all responsibilities for the child as outlined in the document, but they cannot act as a guardian of the child's estate.

  8. Is consent from the other parent necessary?

    Consent from the other parent is generally required unless specific conditions apply, such as the other parent being deceased, their whereabouts being unknown, or if they are unable to make child care decisions.

  9. What are the duties of a short-term guardian?

    Upon appointment, the short-term guardian assumes all duties related to the child's care for the duration of the appointment. This includes making day-to-day decisions regarding the child's welfare, but they do not have authority over the child's estate unless specified.

Common mistakes

Filling out the Illinois Guardian form can be a straightforward process, but there are common mistakes that individuals often make. These errors can lead to delays or complications in the appointment of a guardian for a child. Understanding these mistakes can help ensure that the form is completed correctly.

One common mistake is failing to complete a separate form for each child. The instructions clearly state that a distinct form is required for each child being appointed a guardian. Overlooking this detail can cause confusion and may render the form invalid.

Another frequent error involves not specifying the effective date of the appointment. This section allows for various options, including the date when the parent is no longer able to make decisions. If this part is left blank, the appointment will automatically take effect upon signing, which may not align with the parent's intentions.

Additionally, individuals sometimes neglect to indicate a termination date for the appointment. The form provides options for when the appointment will end, but if this section is not filled out, the appointment will last for a full 365 days. This could be problematic if the parent intends for the appointment to end sooner.

Some people also forget to sign the form. The signature of the appointing parent or guardian is essential for the appointment to be valid. Without this signature, the form will not hold legal weight, and the intended guardian cannot assume their responsibilities.

Moreover, a common oversight is not having witnesses sign the form. The presence of witnesses is required to validate the signing of the document. If the witnesses do not sign, it may lead to questions about the authenticity of the appointment.

Finally, individuals may mistakenly believe that the signature of the child's other parent is always necessary. However, there are specific circumstances outlined in the form where this signature is not required. Failing to recognize these exceptions can lead to unnecessary complications in the process.

By being aware of these common mistakes, parents and guardians can better navigate the completion of the Illinois Guardian form. Taking the time to carefully read the instructions and ensure all sections are properly filled out will help avoid potential issues down the line.

Documents used along the form

The Illinois Guardian form is crucial for parents or guardians looking to appoint a short-term guardian for their child. However, several other forms and documents are often used alongside it to ensure clarity and compliance with legal requirements. Below is a list of these documents.

  • Parental Consent Form: This document is used when both parents need to agree on the appointment of a guardian. It ensures that both parties are informed and in agreement about the guardianship arrangement.
  • Power of Attorney for Minor Child: This form grants another person the authority to make decisions on behalf of the child, including medical and educational decisions. It is broader than the short-term guardian appointment.
  • Child Custody Agreement: This document outlines the custody arrangement between parents. It may include provisions for guardianship and ensure that the appointed guardian is recognized in custody matters.
  • Medical Authorization Form: This form allows the short-term guardian to make medical decisions for the child in case of emergencies. It is essential for ensuring the child's health needs are met promptly.
  • Notification of Guardian Appointment: This document informs schools, healthcare providers, and other relevant parties about the appointment of a short-term guardian. It helps prevent confusion about who has the authority to make decisions for the child.
  • Affidavit of Guardianship: This sworn statement can be used to affirm the appointment of a guardian and clarify the guardian's authority. It may be necessary in some legal situations.
  • Termination of Guardianship Form: This document is used to formally end the guardianship arrangement. It is essential to ensure that all parties are aware that the guardianship is no longer in effect.

Using these documents in conjunction with the Illinois Guardian form can help streamline the guardianship process and provide necessary legal protections for the child involved. Ensure all forms are completed accurately and submitted as required.

Similar forms

The Illinois Guardian form serves a specific purpose in appointing a short-term guardian for a child. However, it shares similarities with several other important documents. Below is a list of ten documents that are similar to the Illinois Guardian form, along with explanations of how they relate to it.

  • Power of Attorney for Minor Child: This document allows parents to designate someone to make decisions on behalf of their child, similar to how the Illinois Guardian form appoints a guardian for a limited time.
  • Temporary Custody Agreement: This agreement can be established when parents need someone to care for their child temporarily, mirroring the short-term nature of the guardian appointment.
  • Parental Consent Form: This form is often used when parents give permission for someone else to take care of their child, akin to the consent required in the Illinois Guardian form.
  • Emergency Guardian Appointment: This document allows for the quick appointment of a guardian in urgent situations, reflecting the need for immediate care similar to the Illinois Guardian form.
  • Child Care Authorization Form: This form grants permission for another individual to care for a child, paralleling the authority given to a short-term guardian.
  • Foster Care Placement Agreement: This agreement outlines the temporary care of a child in foster care, similar to how the Illinois Guardian form provides for short-term guardianship.
  • Medical Authorization Form: This document allows someone to make medical decisions for a child, similar to the responsibilities assigned to a short-term guardian.
  • Child Travel Consent Form: This form permits a child to travel with someone other than their parents, reflecting the trust placed in a short-term guardian.
  • School Authorization Form: This document allows a designated person to make educational decisions for a child, which aligns with the decision-making authority given to a guardian.
  • Guardianship Petition: This legal document is used to establish a permanent guardian for a child, while the Illinois Guardian form focuses on temporary arrangements.

Dos and Don'ts

Filling out the Illinois Guardian form is a crucial step in ensuring the well-being of your child during your absence. Here are some important dos and don’ts to consider:

  • Do read the instructions carefully. Understanding the requirements will help you avoid mistakes.
  • Do complete a separate form for each child. Each child requires their own appointment of guardian.
  • Do ensure the appointed guardian signs the form. This is essential for the appointment to be valid.
  • Don’t leave the effective date blank. If you do, the appointment will take effect immediately upon signing.
  • Don’t forget to check the termination options. Clearly indicate when you want the appointment to end, if not after 365 days.
  • Don’t appoint a guardian if one is already in place. This form is not valid if there is an existing guardian, unless the current guardian is appointing a short-term guardian.

Misconceptions

Misconceptions about the Illinois Guardian form can lead to confusion. Here are nine common misconceptions explained:

  1. Only one parent can appoint a guardian. Both living parents can appoint a guardian together, or one parent can do so independently.
  2. The form can be used if a guardian is already appointed. This form cannot be used if there is already a guardian in place, unless the existing guardian is appointing a short-term guardian.
  3. The appointment is permanent. The appointment is temporary and lasts up to 365 days, unless terminated earlier.
  4. The guardian must sign the form at the same time as the parent. The appointed guardian does not need to sign at the same time as the parent or guardian.
  5. Active duty service members cannot appoint a guardian. Active duty service members can appoint a short-term guardian for their child for the duration of their service plus 30 days.
  6. The form is effective immediately upon signing. The effective date can vary based on the options selected, including specific conditions that must be met.
  7. Witness signatures are optional. Witness signatures are required to validate the appointment, ensuring it is legally recognized.
  8. Only the parent can terminate the guardian's appointment. The appointment can be terminated by the parent, a physician, or upon specific conditions outlined in the form.
  9. The guardian has full control over the child's estate. A short-term guardian cannot manage the child's estate but can apply for benefits on the child's behalf.

Key takeaways

  • Each child requires a separate Illinois Guardian form. This ensures clarity and proper documentation for every child involved.

  • The appointed guardian must sign the form, but this can occur at a different time than when the parent or guardian signs. This flexibility allows for easier coordination.

  • The appointment of a short-term guardian is valid for up to 365 days. It can be terminated earlier based on specific conditions outlined in the form.

  • Active military parents can appoint a guardian for their child during their service and for an additional 30 days. This provides peace of mind for those serving in the military.