Article Guide
The Illinois Guardian form, known as CFS 444-2, serves a crucial role for parents or guardians needing to appoint a short-term guardian for their child. This form is particularly relevant for those who may be facing temporary circumstances that hinder their ability to care for their child, such as military service or health issues. By filling out this form, a parent or legal guardian can designate someone to take over day-to-day care for a period of up to 365 days. It is essential to complete a separate form for each child, ensuring clarity and legal compliance. The appointed guardian must sign the form, although this does not have to occur simultaneously with the parent’s signature. Special provisions exist for parents who are members of the Armed Forces, allowing them to extend the appointment for an additional 30 days beyond their active duty service. This form also outlines the effective date of the appointment and its termination conditions, providing flexibility for various situations. Witness signatures are required to validate the appointment, and consent from the other parent may be necessary unless certain conditions apply. Overall, this form streamlines the process of temporary guardianship, ensuring that children are cared for even when their primary caregivers are unable to fulfill their responsibilities.
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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 |
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days after the effective date. (may |
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 | This form is governed by 755 ILCS 5/11-5.4, which outlines the appointment of short-term guardians in Illinois. |
| Purpose | The form allows a parent or guardian to appoint a short-term guardian for a child for a period of up to 365 days. |
| Eligibility | Only a parent or the guardian of the child can complete this form. Each child requires a separate form. |
| Active Duty Provision | Parents or guardians who are 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 upon signing or at a specified future date, including upon a parent's incapacity. |
| Termination of Appointment | The appointment automatically terminates after 365 days unless a specific termination date is indicated on the form. |
| Witness Requirement | The signing of the form must be witnessed by at least two individuals who are not appointed as guardians. |
| Acceptance by Guardian | The appointed short-term guardian must sign the form to accept the appointment officially. |
| Consent of Other Parent | If applicable, the other parent must consent to the appointment, unless certain conditions are met that exempt this requirement. |
Illinois Guardian: Usage Guidelines
Filling out the Illinois Guardian form is a straightforward process that requires careful attention to detail. This form allows a parent or guardian to appoint a short-term guardian for their child, ensuring that the child’s needs are met during a specified period. Below are the steps to properly complete the form.
- Identify Yourself: In the first section, fill in your name and address as the parent or guardian. Specify whether you are a parent or the guardian of the child.
- Child's Information: Provide the name of the child you are appointing a guardian for. If applicable, include the name of a child likely to be born.
- Appoint a Guardian: Write the name and address of the person you are appointing as the short-term guardian.
- Effective Date: Indicate when the appointment becomes effective by checking the appropriate box. Options include specific dates or conditions under which the appointment will start.
- Termination Date: Specify when the appointment will end. Check the box that applies, noting that the maximum duration is 365 days from the effective date.
- Date and Signature: Sign and date the form as the appointing parent or guardian. Ensure this is done on the specified day.
- Witnesses: Have two witnesses sign the form, confirming they saw you sign it. They should also provide their names and addresses.
- Acceptance of Guardian: The appointed short-term guardian must sign the form to accept the appointment, including the date of acceptance.
- Consent of Other Parent: If applicable, the other parent should provide their consent by signing and dating the form. Note that consent is not necessary under certain conditions.
Once the form is completed, keep a copy for your records. This ensures that all parties involved are aware of their responsibilities and the appointed guardian can act in the best interest of the child during the specified time frame.
Your Questions, Answered
What is the Illinois Guardian form?
The Illinois Guardian form, also known as 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 up to 365 days and is particularly useful in situations where the parent or guardian is unable to care for the child due to military service or other circumstances.
Who can use the Illinois Guardian form?
Any parent or guardian of a child can use this form to appoint a short-term guardian. This includes parents who are active members of the Armed Forces or other designated service members. It is important to note that a separate form must be completed for each child.
How long does the appointment last?
The appointment of a short-term guardian can last for a maximum of 365 days. However, the appointment can terminate earlier based on specific conditions outlined in the form, such as the parent regaining the ability to care for the child or the completion of military service.
What are the requirements for the appointed guardian?
The appointed guardian must sign the form to accept the role. They do not need to sign at the same time as the parent or guardian making the appointment. Additionally, the appointed guardian should not already be a legal guardian of the child, unless they are using this form to designate another short-term guardian.
When does the appointment become effective?
The appointment can become effective immediately upon signing the form, or it can be set to take effect at a future date specified by the parent or guardian. Various options are available, such as upon hospitalization or when the parent is unable to make child care decisions.
Can both parents appoint a guardian together?
Yes, both living parents can jointly appoint a guardian for their child using this form. They do not need to sign the form at the same time, allowing for flexibility in the appointment process.
What happens if the child already has a guardian?
If a child already has a legal guardian, this form cannot be used to appoint another guardian unless the current guardian is the one making the appointment for a short-term guardian. This ensures that the existing legal arrangements are respected.
What if the other parent does not consent?
The signature of the other parent is not required if certain conditions apply, such as the other parent being deceased, their whereabouts being unknown, or if they are unable to make child care decisions. In such cases, the form can still be executed without their consent.
What authority does the short-term guardian have?
The short-term guardian has the authority to make day-to-day decisions regarding the child's care. However, they do not have authority over the child's estate, except to apply for benefits the child may be entitled to from various programs.
How do I complete the form?
To complete the form, fill in the required information about the child, the appointed guardian, and the effective dates. Ensure that all signatures are obtained where necessary, including those of witnesses. It is advisable to keep a copy of the completed form for your records.
Common mistakes
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Not Completing a Separate Form for Each Child: Many individuals mistakenly believe they can use one form for multiple children. It is essential to fill out a separate Illinois Guardian form for each child to ensure clarity and legality.
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Failure to Include Complete Names and Addresses: Omitting the full name and address of both the parent and the appointed guardian can lead to confusion. All details must be accurate and complete to avoid any issues later.
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Ignoring the Effective Date: Some people forget to specify when the guardian appointment becomes effective. If this section is left blank, the appointment will take effect immediately upon signing, which may not be the intended outcome.
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Not Specifying Termination Conditions: Failing to check the appropriate termination conditions can lead to misunderstandings. It’s crucial to indicate when the appointment should end, especially if it’s before the maximum period of 365 days.
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Inadequate Witness Signatures: The form requires witnesses to sign, but some individuals overlook this step. Witnesses must be present when the parent or guardian signs to ensure the validity of the document.
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Not Including the Consenting Parent's Signature: If both parents are alive and involved, the signature of the other parent is necessary unless specific conditions apply. Failing to secure this consent can invalidate the appointment.
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Overlooking Military Provisions: Parents in the military may have different rules regarding guardianship. Not noting the active duty service dates can lead to complications, especially if the appointment is tied to military service.
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Assuming the Guardian Can Act Immediately: Some people mistakenly believe that the guardian can start acting on behalf of the child right away. The guardian's authority is contingent upon the effective date specified in the form.
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Neglecting to Review the Form for Errors: Rushing through the form can result in errors or omissions. It’s vital to review the entire document carefully before submitting it to ensure all information is correct and complete.
Documents used along the form
When appointing a guardian for a child in Illinois, several additional forms and documents may be necessary to ensure the process is complete and legally sound. Below is a list of related documents often used alongside the Illinois Guardian form.
- Parental Consent Form: This document is used to obtain consent from the other parent or legal guardian, if applicable. It confirms that all parties are aware of and agree to the appointment of a short-term guardian.
- Power of Attorney for Minor Child: This form allows a parent to grant another person the authority to make decisions on behalf of their child in areas such as education, health care, and general welfare, typically for a longer duration than the short-term guardian appointment.
- Child’s Medical Information Form: This document provides essential medical history and information about the child. It is useful for the appointed guardian to have in case of emergencies.
- Emergency Contact Form: This form lists individuals who should be contacted in case of an emergency involving the child. It ensures that the guardian has immediate access to important contacts.
- Notification of Guardian Appointment: This document is often sent to relevant parties, such as schools or childcare providers, to inform them of the guardian's authority and responsibilities regarding the child.
- Affidavit of Guardian: This sworn statement may be required to affirm the guardian's acceptance of their responsibilities and outline their understanding of the authority granted to them.
- Child Care Agreement: This agreement outlines the expectations and responsibilities of the guardian, including details about the child's care, education, and well-being during the guardian's appointment.
Completing these forms alongside the Illinois Guardian form can help ensure that the child's best interests are prioritized and that all legal requirements are met. Proper documentation provides clarity and peace of mind for everyone involved in the guardianship arrangement.
Similar forms
- Power of Attorney for Minor Child: Similar to the Illinois Guardian form, a Power of Attorney allows a parent to designate another adult to make decisions regarding their child. This document can also be limited in duration and scope, providing flexibility in emergency situations.
- Temporary Guardianship Agreement: This document establishes a temporary guardian for a child, often used in situations where the parents are unable to care for the child for a short period. Like the Illinois Guardian form, it specifies the duration of guardianship and can be tailored to the needs of the child.
- Custody Agreement: While primarily used in divorce or separation cases, a custody agreement outlines the living arrangements and responsibilities of parents regarding their child. It shares similarities with the Illinois Guardian form in that it addresses the welfare and care of the child.
- Emergency Medical Consent Form: This form allows a designated individual to make medical decisions for a child in case of an emergency. Like the Illinois Guardian form, it ensures that someone is authorized to act on behalf of the child when the parent cannot.
- Child Care Authorization Form: This document grants permission for another individual to care for a child, often used for daycare or school purposes. It parallels the Illinois Guardian form by allowing parents to delegate care responsibilities temporarily.
- Affidavit of Guardianship: This legal document is used to establish guardianship and can be similar in function to the Illinois Guardian form. It may be utilized in situations where formal court proceedings are not immediately possible.
- Military Power of Attorney: For service members, this document allows them to appoint someone to handle their affairs, including child care, while they are deployed. It mirrors the Illinois Guardian form in its provision for temporary guardianship during a parent's absence.
Dos and Don'ts
When filling out the Illinois Guardian form, there are several important guidelines to follow. Here is a list of things you should and shouldn't do:
- Do read the instructions carefully before starting.
- Don't forget to fill out a separate form for each child.
- Do ensure that the appointed guardian signs the form, even if not at the same time as the parent.
- Don't use this form if a guardian is already appointed, unless the existing guardian is using it to appoint a short-term guardian.
- Do specify the effective date of the appointment clearly in the designated section.
- Don't leave the termination section blank; it will default to 365 days if not completed.
- Do include the dates related to military service if applicable.
- Don't overlook the need for witnesses when signing the form.
- Do keep a copy of the completed form for your records.
Misconceptions
Understanding the Illinois Guardian form can be challenging, and several misconceptions often arise. Here are six common misunderstandings about this important document:
- It can be used even if another guardian is already appointed. This is not true. The Illinois Guardian form cannot be used to appoint a new guardian if there is already an existing guardian, unless the current guardian is the one appointing a short-term guardian.
- Both parents must sign the form at the same time. This is a misconception. While both living parents can appoint a guardian together, they do not need to sign the form simultaneously.
- The appointment lasts indefinitely. In reality, the appointment is only valid for up to 365 days. After this period, a new form must be completed if ongoing guardianship is needed.
- Only biological parents can appoint a guardian. This is incorrect. A guardian of the person can also appoint a short-term guardian for the child, not just the biological parents.
- The short-term guardian must be present when the form is signed. This is not a requirement. The person being appointed as the short-term guardian does need to sign the form, but they do not have to do so at the same time as the parent or guardian.
- Active military service members cannot use this form. This is a misconception. Parents or guardians who are active military members can appoint a short-term guardian for the duration of their service plus an additional 30 days.
Clarifying these misconceptions can help ensure that parents and guardians make informed decisions regarding their children's care. Understanding the specifics of the Illinois Guardian form is essential for effective planning.
Key takeaways
Filling out the Illinois Guardian form is an important step for parents or guardians seeking to appoint a short-term guardian for their child. Here are some key takeaways to keep in mind:
- One form per child: Each child requires a separate Illinois Guardian form to be completed.
- Eligibility: Only a parent or guardian can appoint a short-term guardian for their child.
- Active military service: Parents in the Armed Forces can appoint a guardian for their child for the duration of their service plus 30 days.
- Signature requirements: The appointed guardian must sign the form, but they do not have to do so at the same time as the parent.
- Effective date: You can specify when the appointment becomes effective, including options like hospitalization or a written declaration of inability to care for the child.
- Termination: The appointment lasts up to 365 days unless terminated earlier based on conditions you specify.
- Witness requirement: The signing of the form must be witnessed by someone who is not appointed as the guardian.
- Consent from other parent: If applicable, the other parent must consent to the appointment, unless certain conditions are met.
- Authority of the guardian: The short-term guardian has the authority to make day-to-day decisions for the child but cannot manage the child's estate.
Understanding these points can help ensure that the process goes smoothly and that the best interests of the child are prioritized.