Article Guide
The Illinois Appointment Short Term Guardian form, officially known as CFS 444-2, provides a vital mechanism for parents or guardians to designate a temporary guardian for their child. This form allows for the appointment of a guardian for a duration of up to 365 days, ensuring that a child’s care and needs are met when a parent or guardian is unable to fulfill their responsibilities. It is essential to complete a separate form for each child. The appointed guardian must sign the form, although they do not need to do so simultaneously with the parent. Unique provisions exist for parents who are active members of the military, allowing them to appoint a guardian for the duration of their service plus an additional 30 days. The form outlines specific conditions under which the appointment becomes effective, such as the parent’s inability to make day-to-day decisions or their admission to a healthcare facility. Additionally, the form specifies how and when the appointment will terminate, ensuring clarity for all parties involved. Witness signatures are required to validate the appointment, and if applicable, consent from the child’s other parent may also be needed. This form serves as a crucial tool for ensuring that children are cared for by trusted individuals during times of uncertainty.
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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
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(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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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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Form Specifications
| Fact Name | Details |
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| Governing Law | The form is governed by 755 ILCS 5/11-5.4. |
| Duration of Appointment | A short-term guardian can be appointed for a period of up to 365 days. |
| Eligibility for Appointment | Only a parent or guardian of the child can appoint a short-term guardian. |
| Active Duty Provisions | Parents in active military service may appoint a guardian for the duration of their service plus 30 days. |
| Signature Requirements | The appointed guardian must sign the form, but they do not need to do so at the same time as the parent. |
Illinois Appointment Short Term Guardian: Usage Guidelines
Filling out the Illinois Appointment Short Term Guardian form is a straightforward process. It allows a parent or guardian to designate someone to care for their child for a limited time. Follow these steps to ensure the form is completed correctly.
- Parent or Guardian Information: In the first section, provide your name and address as the parent or guardian of the child. Also, include the child's name.
- Guardian Information: Appoint a short-term guardian by writing their name and address in the designated area.
- Effective Date: Indicate when the appointment becomes effective by checking the appropriate box or writing a specific date.
- Termination Date: Specify when the appointment will end. Check the relevant box or write a date, keeping in mind it cannot exceed 365 days from the effective date.
- Date and Signature: Sign and date the form to finalize the appointment.
- Witnesses: Have two witnesses sign the form. They should include their names and addresses, confirming they saw you sign the document.
- Acceptance by Guardian: The appointed guardian must sign the form, indicating their acceptance of the role.
- Consent of Other Parent: If applicable, the other parent should sign to consent to the appointment. If not necessary, this step can be skipped.
Once you have completed the form, ensure that all signatures are present and that the information is accurate. Keep a copy for your records and provide a copy to the appointed guardian. This will help ensure a smooth transition of care for your child during the specified time.
Your Questions, Answered
What is the Illinois Appointment Short Term Guardian form?
The Illinois Appointment Short Term Guardian form allows a parent or guardian to appoint someone to care for their child for a limited time, up to 365 days. This form is particularly useful for parents who may be temporarily unable to care for their child due to various reasons, such as military service or health issues.
Who can use this form?
This form can be used by parents or guardians of a child. If both parents are living, they can jointly appoint a guardian. If one parent is unavailable or unable to make decisions, the other parent can still appoint a guardian. Additionally, if a guardian has already been appointed for the child, that guardian can use this form to appoint a short-term guardian.
How long is the appointment valid?
The appointment of the short-term guardian is valid for up to 365 days from the effective date. However, it can terminate sooner if certain conditions are met, such as the parent regaining the ability to care for the child or if the appointed guardian decides to step down.
What are the requirements for the appointed guardian?
The appointed guardian must sign the form to accept the appointment. They do not have to sign it at the same time as the parent or guardian making the appointment. It is important that the guardian understands their responsibilities, which include making day-to-day care decisions for the child.
How does a parent indicate when the appointment becomes effective?
Parents can specify when the appointment takes effect by checking one of several options on the form. This could be upon signing, when a physician certifies the parent’s inability to care for the child, or on a specific date. If no date is specified, the appointment becomes effective immediately upon signing.
What happens if the parent’s situation changes?
If the parent becomes able to care for the child again, they can terminate the appointment by writing a statement indicating they are willing and able to resume care. This can happen at any time before the 365 days are up.
Is a witness required for the form?
Yes, the form requires the signatures of two witnesses. These witnesses must see the parent sign the form or direct someone else to sign it on their behalf. Witnesses cannot be appointed as the short-term guardian themselves.
What if the child's other parent does not consent?
The signature of the child's other parent is not necessary in certain situations. If the other parent has passed away, is unreachable, or is unable to care for the child, the form can still be completed without their consent.
Common mistakes
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Neglecting to Complete Each Section: One common mistake is failing to fill out all required sections of the form. Each part is crucial for the appointment to be valid. Incomplete forms may lead to confusion or rejection.
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Not Specifying the Effective Date: Many individuals forget to indicate when the appointment becomes effective. If this section is left blank, the appointment will be effective immediately upon signing, which may not align with the parent’s intentions.
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Ignoring the Termination Date: Another frequent error is not specifying a termination date. If this is overlooked, the appointment will automatically last for 365 days, which might not be suitable for the parent’s circumstances.
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Failing to Obtain Required Signatures: Parents often overlook the need for signatures from witnesses. The form requires witnesses to verify the signing process, and without their signatures, the form may lack legal validity.
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Misunderstanding the Consent Requirement: Some parents mistakenly believe that consent from the other parent is always necessary. However, there are specific situations where consent is not required, such as if the other parent is deceased or their whereabouts are unknown.
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Not Consulting Legal Guidance: Finally, many individuals fill out the form without seeking legal advice. While the form may seem straightforward, consulting a legal professional can help avoid pitfalls and ensure that the appointment aligns with the parent's wishes.
Documents used along the form
The Illinois Appointment Short Term Guardian form is an essential document for parents or guardians who need to designate someone to care for their child temporarily. Alongside this form, several other documents may be relevant to ensure a comprehensive legal framework for child care and guardianship. Below is a list of commonly used forms and documents that complement the Illinois Appointment Short Term Guardian form.
- Parental Consent Form: This document allows a parent to grant permission for a designated guardian to make decisions regarding the child's health care, education, and other significant matters during the guardian's appointment period.
- Power of Attorney for Minor Child: This form gives a guardian broader legal authority, allowing them to make decisions on behalf of the child, such as financial or legal matters, beyond just day-to-day care.
- Notification of Guardianship: This document informs relevant parties, such as schools and medical facilities, about the appointment of a short-term guardian and outlines the guardian's authority.
- Medical Authorization Form: This form allows the appointed guardian to make medical decisions for the child and provides consent for medical treatment in emergencies.
- Child Care Agreement: This agreement outlines the responsibilities and expectations of the guardian, ensuring both parties understand their roles and obligations during the guardianship period.
- Emergency Contact Information: This document lists emergency contacts and important information about the child, including medical history and allergies, ensuring the guardian can act swiftly in emergencies.
- Termination of Guardianship Form: This form is used to formally end the appointment of a short-term guardian, either when the parent is able to resume care or when the designated period has expired.
Utilizing these documents in conjunction with the Illinois Appointment Short Term Guardian form can help create a clear and effective plan for the care of a child during a parent's absence. Each document serves a unique purpose, ensuring that the guardian has the necessary authority and information to make informed decisions on behalf of the child.
Similar forms
- Power of Attorney for Minor Child: This document allows a parent to designate another individual to make decisions for their child, similar to the short-term guardian appointment. It can also specify the duration of the authority granted.
- Temporary Guardianship Form: Like the Illinois Appointment Short Term Guardian form, this document enables a parent to appoint someone to care for their child for a limited time, usually due to the parent's absence.
- Emergency Guardian Appointment: This form allows for the immediate appointment of a guardian in urgent situations, paralleling the short-term guardian's purpose of ensuring a child’s care when the parent is unavailable.
- Child Care Authorization Form: This document grants permission for another person to make decisions regarding a child’s care, similar to the short-term guardian's responsibilities.
- Military Power of Attorney: For service members, this document allows for the appointment of a guardian while on active duty, aligning with the provisions of the short-term guardian form for military parents.
- Parental Consent Form: This form is used to obtain consent from a non-custodial parent for a guardian to care for a child, similar to the consent section of the short-term guardian form.
- Child Custody Agreement: This document outlines the arrangement for the care of a child, akin to the short-term guardian's role in providing care during a specified period.
- Temporary Restraining Order with Custody Provision: In cases of domestic issues, this order can include temporary custody arrangements, similar to the short-term guardian's appointment.
- Child Medical Consent Form: This allows a designated individual to make medical decisions for a child, reflecting the authority granted to a short-term guardian in health-related matters.
- Foster Care Placement Agreement: This document outlines the temporary care of a child by a foster parent, similar in purpose to the short-term guardian appointment for ensuring a child's welfare.
Dos and Don'ts
When filling out the Illinois Appointment Short Term Guardian form, it is essential to follow specific guidelines to ensure the process goes smoothly. Below are four recommendations on what to do and what to avoid.
- Do read the entire form carefully before starting. Understanding each section will help you complete it accurately.
- Do provide all required information for both the child and the appointed guardian. Incomplete forms can lead to delays or rejections.
- Do ensure that the appointed guardian signs the form, even if not at the same time as the parent or guardian. This signature is necessary for the appointment to be valid.
- Do specify the effective date and termination date clearly. Ambiguities can create confusion regarding the guardian's authority.
- Don't forget to complete a separate form for each child if you have more than one. Each child requires an individual appointment.
- Don't leave any sections blank unless instructed otherwise. Missing information can invalidate the form.
- Don't appoint a guardian if there is already a guardian in place unless the existing guardian is using this form to appoint a short-term guardian.
- Don't neglect to have witnesses sign the form if required. Their signatures help verify the authenticity of the appointment.
Misconceptions
- Misconception 1: The form can be used for any duration of guardianship.
- Misconception 2: Only one parent can appoint a short-term guardian.
- Misconception 3: A guardian can be appointed if another guardian already exists.
- Misconception 4: The short-term guardian must sign the form at the same time as the parent.
- Misconception 5: The appointment is effective immediately upon signing.
- Misconception 6: The form is only for parents in the military.
- Misconception 7: A physician's certification is always required.
- Misconception 8: The appointment cannot be revoked.
- Misconception 9: The short-term guardian has no authority.
- Misconception 10: The form requires a witness signature for validity.
This form is specifically designed for short-term guardianship, lasting up to 365 days. It cannot be used for longer durations.
Both living parents may jointly appoint a guardian. If both parents are available, their signatures are required, but they do not need to sign at the same time.
This form cannot be used if there is an existing guardian for the child, except in cases where the current guardian appoints a short-term guardian.
The short-term guardian's signature is required but does not need to occur simultaneously with the parent's signature.
The effective date can be specified by the parent, allowing for flexibility in when the guardianship begins.
While military parents have specific provisions, any parent or guardian can use this form to appoint a short-term guardian.
A physician's certification is only necessary if the parent chooses to make the appointment effective based on their inability to care for the child.
The parent can revoke the appointment by providing written notice that they are able to resume care for the child.
The short-term guardian assumes all duties for the child and can make day-to-day care decisions during the appointment period.
While having a witness is recommended, it is not strictly necessary for the appointment to be valid, depending on specific circumstances.
Key takeaways
Here are some key takeaways about filling out and using the Illinois Appointment Short Term Guardian form:
- Single Form Per Child: You must complete a separate form for each child you wish to appoint a guardian for.
- Effective Date: The appointment becomes effective immediately upon signing unless you specify a different date.
- Duration: The guardian can be appointed for a maximum of 365 days, but it can end sooner if specified.
- Military Considerations: If you are an active service member, you can appoint a guardian for your child for the duration of your service plus an additional 30 days.
- Parental Consent: Both parents can appoint a guardian together, but they do not need to sign at the same time.
- Witness Requirement: The form must be signed in the presence of witnesses who are not appointed as guardians.