TemplatesOwl
Homepage ↦ Fill Out Your Illinois Appointment Short Term Guardian Form
Article Structure

The Illinois Appointment Short Term Guardian form, officially known as CFS 444-2, serves as a crucial document for parents or guardians who need to temporarily assign care for their minor children. It allows for the appointment of a short-term guardian for a child for a maximum period of 365 days. This form is particularly useful in situations where a parent or guardian is unable to care for their child due to various reasons, including military duties or health-related issues. Importantly, the form stipulates that a new form must be completed for each child being appointed a guardian. The appointed guardian must sign the form, but this can occur at a different time than when the parent or parents sign. Additionally, the form includes specific provisions for parents who are members of the Armed Forces, allowing them to designate a guardian for the duration of their active service plus an extra 30 days. The process requires the parent to provide critical details, including the effective date of the appointment and potential termination conditions. This ensures that the child's care continues seamlessly during the parent's absence. Overall, the Illinois Appointment Short Term Guardian form facilitates temporary guardianships that help maintain stability for children while their primary caregivers are unavailable.

Illinois Appointment Short Term Guardian Example

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)

.

Page 1 of 4

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.)

Page 2 of 4

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.

Page 4 of 4

Get Illinois Appointment Short Term Guardian PDF Form

Form Characteristics

Fact Name Description
Governing Law The Illinois Appointment Short Term Guardian form is governed by 755 ILCS 5/11-5.4.
Duration of Appointment This form allows for the appointment of a short-term guardian for a maximum duration of 365 days.
Eligibility Criteria Parents or guardians, including those in the Armed Forces, can appoint a short-term guardian, especially during active duty service.
Separate Forms for Each Child A distinct form is required for each child being appointed a short-term guardian.
Signature Requirements The appointed guardian must sign the form, but this does not need to occur simultaneously with the parent's signature.
Termination Conditions The appointment may terminate earlier than 365 days based on specified conditions, such as the parent becoming capable of childcare again.

Guidelines on Utilizing Illinois Appointment Short Term Guardian

Completing the Illinois Appointment Short Term Guardian form is a straightforward process that requires careful attention to detail. Once the form is filled out, it enables a parent or guardian to appoint someone to care for their child for a limited time, up to a year. Gathering all necessary information beforehand will streamline the process and ensure everything is completed correctly.

  1. Fill in your information: In the first section, provide your name and current address as the parent or guardian. Include the name of the child you are appointing a guardian for.
  2. Designate the guardian: Specify the name and address of the person you are appointing as the short-term guardian for your child.
  3. Set the effective date: Indicate when this appointment becomes effective. You can select one of the options provided, or write in a specific date if necessary.
  4. Determine the termination date: Choose how long the guardian's appointment will last. Again, pick from the options or specify a date, ensuring it does not exceed one year from the effective date.
  5. Sign and date: The parent or guardian must sign and date the form. This should be done on the same day you fill out the form whenever possible.
  6. Witness requirements: Two witnesses must also sign the form, confirming they observed you sign it. Include their names and addresses next to their signatures. Ensure these witnesses are not the appointed guardian.
  7. Acceptance by the guardian: The guardian you appointed must sign the form to accept this role, noting the date of acceptance.
  8. Consent from the other parent: If applicable, the other parent must also sign to consent to this appointment. This step is not necessary if certain conditions exist, such as the other parent's passing or inability to make decisions.

What You Should Know About This Form

What is the Illinois Appointment Short Term Guardian form?

This form is a legal document that allows a parent or guardian to appoint someone else to care for their child temporarily. It is specifically designed for situations where the parent or guardian may not be able to make day-to-day decisions regarding their child for a limited period. This appointment can last for up to 365 days and can be beneficial in various circumstances, such as military service or health reasons.

Who can use this form?

This form can be completed by a parent or the legal guardian of a child. If both parents are alive, they can jointly appoint a guardian for their child. Additionally, if a parent or guardian is in the military and called to active duty, they can use this form to extend the appointment for the duration of their service plus an additional 30 days.

How long is the appointment effective?

The appointment of the short-term guardian will last up to 365 days from the date it becomes effective. A parent can set a specific end date for this appointment, but it cannot extend beyond one year. If no specific termination date is provided, the appointment will automatically last for 365 days.

What happens if there is already a guardian assigned?

If a child already has a guardian in place, the parent may still use this form to appoint a short-term guardian, but only if the existing guardian allows it. This typically applies when the current guardian has the legal authority over the child. If there is another guardian who has not consented to the use of this form, a different approach must be taken.

Does the appointed guardian need to sign the form?

Yes, the person you choose as the short-term guardian must sign the form. However, they do not need to sign it at the same time as the parent or guardian. This means you can complete your part of the form first and provide it to the guardian for their signature later.

Are there any restrictions on who can be a short-term guardian?

The form does not specify exact qualifications for a short-term guardian, but it’s important to choose someone trustworthy and capable of caring for your child. Family members, friends, or trusted community members can act as guardians. It is advisable to discuss this role with the chosen guardian to ensure they are willing and prepared to take on this responsibility.

What should I do if I want to terminate the appointment early?

If you wish to terminate the appointment before the end date, you need to communicate this in writing. This written notice should state your intentions clearly and can be submitted to the appointed guardian. Once they receive this notice, they should cease acting as the guardian immediately.

Common mistakes

Filling out the Illinois Appointment Short Term Guardian form may seem straightforward, but mistakes can easily be made. One common error is failing to complete a separate form for each child. If you are a parent or a guardian of multiple children, it’s essential to remember that a unique form is required for each child you wish to appoint a short-term guardian for. This mistake can lead to complications, as the powers granted may not apply uniformly to all children.

Another frequent oversight is neglecting to indicate the effective date of the appointment clearly. The form provides several options for when the appointment takes effect, such as upon signing or under specific circumstances. When this information is missing, the default assumption will be that the appointment is effective immediately. This might not be the intended outcome, especially if there are specific timelines involved.

People often forget to set an explicit termination date for the guardian's appointment. It's recommended to check a specific end date or specify conditions under which the appointment will end. If you leave this section blank, the appointment will remain valid for a full 365 days, regardless of changes in your circumstance. Overlooking this can unnecessarily extend the appointment beyond what you might deem appropriate.

Additionally, not providing the necessary details for the appointed guardian is a common error. Ensure you include the full name and address of the guardian clearly. Incomplete information may lead to confusion, especially if the guardian needs to step in without delay. This is a critical section to get right, as the guardian's identity should be clear to avoid any legal challenges later on.

Witness signatures are also crucial, and many fail to ensure that all necessary witnesses have signed the form. Failing to have proper witnesses can invalidate the document. You need at least two witnesses who can affirm they saw the parent or guardian sign the form. Each witness should also provide their name and address, which should be done immediately after the signing takes place.

Finally, do not forget the consent of the child’s other parent if applicable. While there are exceptions, if the consent is necessary and it’s not provided, the appointment may be challenged. Always check if it's necessary based on your unique family circumstances. Ensuring that consent is secured can provide peace of mind and mitigate potential disputes down the line.

Documents used along the form

The Illinois Appointment Short Term Guardian form serves a crucial role for parents or legal guardians seeking to designate someone to care for their child temporarily. Alongside this form, there are several other documents that can enhance the legal security and clarity of the guardianship arrangement. Each document serves a unique purpose and is useful in specific circumstances.

  • Power of Attorney for Minor Child: This document allows a parent or legal guardian to assign decision-making authority to another individual for a range of matters, including healthcare and education, for a designated time period.
  • Consent for Medical Treatment: When a guardian is appointed, this document allows them to make medical decisions and authorize treatment for the child during the guardianship period. It is particularly important for emergencies or non-routine medical procedures.
  • Letter of Consent: A simple letter from the parent or guardian signifies their approval of the short-term guardian's authority. It can serve as additional confirmation of the arrangement.
  • Child Care Agreement: This written agreement outlines expectations and responsibilities between the parent and guardian, clarifying the terms of care and any specific requests or needs of the child.
  • Temporary Guardianship Agreement: Similar to the appointment form, this document provides a more detailed arrangement regarding the guardianship and those rights that the guardian will hold in relation to the child.
  • Emergency Contact Information: This document is vital for the short-term guardian to ensure they have access to important contacts, including doctors, schools, and family members in case of emergencies.
  • Verification of Income/Resources: For circumstances where financial matters need attention, this document can provide an overview of the financial resources available for the child's care during the guardianship period.
  • Affidavit of Guardianship: In some cases, a sworn statement may be needed to validate the temporary appointment in front of a notary or relevant authority which could be requested by schools or healthcare providers.

Utilizing these documents in conjunction with the Illinois Appointment Short Term Guardian form helps ensure the welfare of the child while safeguards are in place to clarify roles and responsibilities. Therefore, thorough preparation and consideration should be taken to create a secured and seamless transition of guardianship.

Similar forms

The Illinois Appointment Short Term Guardian form has similarities with several other legal documents. Each of these documents serves a specific purpose related to guardianship or care for minors. The following list outlines these similarities:

  • Power of Attorney for Minor Child: Similar to the Illinois Appointment Short Term Guardian form, this document allows parents to designate someone to make decisions on behalf of their child. It also grants temporary authority over the child's welfare but can be more comprehensive in scope regarding financial decisions.
  • Parental Consent Form: This document is used to provide consent for certain activities for a child, such as medical treatment or participation in school events. While it does not appoint a guardian, it allows a designated person to act in a child's best interest in specific situations.
  • Long-Term Guardianship Agreement: In contrast to the short-term appointment, this document establishes a long-term guardian for a minor. It details responsibilities and rights that go beyond the limited timeframe of the Illinois form, which is effective for up to 365 days.
  • Sole Custody Agreement: This legal document outlines the rights and responsibilities of a sole custodian of a child. Similar to the appointment, it focuses on caretaking and decision-making but typically involves a permanent status rather than a temporary arrangement.
  • Emergency Guardianship Petition: Filed in court, this document requests a judge to appoint a guardian for a minor in emergencies. While both are guardianship documents, the emergency petition involves judicial oversight whereas the Illinois form provides a parent with more autonomy in selecting a guardian.
  • Temporary Custody Order: Issued by a court, this order grants temporary custody of a child to a suitable person. It is a more formal process compared to the Illinois form, requiring court approval and often more stringent eligibility criteria.

Understanding these related documents is crucial for parents considering guardianship options for their children. Each serves a unique role in ensuring the welfare and best interests of minors.

Dos and Don'ts

When filling out the Illinois Appointment Short Term Guardian form, it's essential to be thorough and deliberate. Here’s a list of things you should and shouldn't do:

  • DO read all instructions carefully before starting.
  • DO complete a separate form for each child you are appointing a guardian for.
  • DO have the designated guardian sign the form, even if it is not at the same time as you.
  • DO clearly specify the effective and termination dates for the guardian’s appointment.
  • DO ensure that both parents or guardians agree and sign if there are two living parents.
  • DON'T leave any sections blank; incomplete forms may cause issues.
  • DON'T forget to mention any existing guardians, as this could invalidate your appointment.
  • DON'T use the form if you have already appointed a guardian, as that could lead to legal complications.
  • DON'T wait until the last minute to fill out the form; ensure it’s done well ahead of your need for a guardian.
  • DON'T neglect to include your active duty dates if you're a service member, as this is critical for the appointment.

Misconceptions

Understanding the Illinois Appointment Short-Term Guardian form is crucial for parents considering appointing a guardian for their child. Here are seven common misconceptions about this form that need clarification:

  • It can only be used in emergencies. Some people believe that the form is only for emergency situations. In reality, it can be used for planned absences, such as military service or temporary travel.
  • Only one parent can appoint a guardian. Another misconception is that only one parent has the authority to appoint a short-term guardian. Both living parents can jointly appoint, giving them equal say in the decision.
  • A guardian must be appointed at the same time as the parent. Many individuals think that the parent and the appointed guardian must sign the form at the same time. This is not true; the guardian can sign later.
  • A separate form is not required for each child. It is a misunderstanding that one form can cover multiple children. One form is needed for each child to ensure proper legal standing.
  • The appointment automatically lasts 365 days. There is a belief that the appointment will always last for the full year. However, it can end sooner if the parent indicates a termination date or if certain conditions arise.
  • All other parental permissions are unnecessary. Some assume that only one parent's consent is sufficient. The other parent's consent is generally required unless specific conditions apply, such as their death or inability to care for the child.
  • The form can be used if a permanent guardian is already appointed. It is a misconception that the short-term guardian can be appointed even if a permanent guardian exists. The short-term guardian appointment is only valid if certain conditions about the permanent guardian are met.

Addressing these misconceptions is essential for ensuring that the guardian appointment process is carried out effectively and legally. Proper understanding can help parents make informed decisions regarding their children's care in their absence.

Key takeaways

Filling out and using the Illinois Appointment Short Term Guardian form is an important process for ensuring the care of a child during specific circumstances. Here are some key takeaways to consider:

  • One form per child: Each child requires a separate appointment form to ensure clarity and legality.
  • Who can appoint: Only the parent or guardian of the child can appoint a short-term guardian.
  • Signatures not required at the same time: The appointed guardian signs the form separately from the parent, allowing flexibility.
  • Active duty considerations: Parents in the military can extend the appointment for their active duty service and an additional 30 days.
  • Effective date options: Multiple options exist for the effective date, such as being admitted to a hospital or a written statement of inability to care for the child.
  • Termination restrictions: The appointment automatically ends after 365 days unless a specified earlier date is provided.
  • Witness requirements: At least two witnesses must sign, confirming they saw the parent sign the form. They cannot be appointed guardians.
  • Acceptance by guardian: The appointed short-term guardian must officially accept their role in writing on the form.
  • Consent from the other parent: Consent from the child’s other parent is necessary unless specific conditions apply that exempt this requirement.

Understanding these points can help make the process smoother and ensure that the child’s needs are adequately met during the appointment period.

Browse Other Templates

Dot Certification Michigan - Each page of the form is critical in providing structured information necessary for proper reporting and compliance.

Florida Toll Exemption Permit - After receiving your permit, display the sticker prominently in your vehicle.

52665 - The HUD 52665 form requires the head of household’s name and social security number.