Effective January 1, 2024, a witness may be electronically present and sign electronically. A witness cannot also be the person trying to be the short-term guardian. The agreement must be signed and witnessed by at least 2 people who are at least 18 years old. The parent or guardian does not need to go to court, but the agreement must be in writing. The parent or guardian picks the short-term guardian. Short-term guardianĪ short-term guardian is responsible for the child for one year or less. Or, they are afraid that the judge will ask about their immigration status. Immigration status is not necessarily a part of guardianship law in Illinois, but some judges do ask about it. Some parents who are undocumented do not want to ask a judge to appoint a standby guardian because they are afraid to go to court. For example, if a parent is afraid that they will be detained or deported, they can designate a standby guardian who will have the authority to care for the child when the parent is unable to do so. Standby guardianship could be a useful safety plan for immigrant parents who are undocumented. Or they can petition for plenary guardianship or appoint someone else to be a guardian before the 60 day period ends. Within those 60 days, the standby guardian must go to court to apply for further authority to act as the standby guardian. When one of these happens, the standby guardian automatically has the authority to act as full guardian for up to 60 days. The parent or legal guardian is detained, arrested, removed, or deported because of immigration issues.The parent or legal guardian can no longer make or carry out day-to-day childcare decisions for the child, or.The parent or legal guardian gives consent,.The standby guardian will not have any duties or authority to care for a child until any of the following things happen: Electronic presence could be over a video service like Zoom. A notary or witness must be "electronically present" to electronically sign. A parent may also designate a standby guardian in their will.Įffective January 1, 2024, electronic signatures are permitted in certain guardianship documents. A witness cannot also be the person trying to be the standby guardian. It must be signed and witnessed by at least two people who are at least 18 years old. A designation can be a simple document such as the Designation of Standby Guardian form. This may happen when a parent or guardian gets sick, dies, or lives apart from the child for an extended period of time.Ī parent or guardian must designate the standby guardian. This must be done in writing. The parents are detained, arrested, removed, or deported because of immigration issues.Ī standby guardian is a person who will take over as guardian when a parent or legal guardian can no longer care for a child.The parents agree to the guardianship, or.The parents voluntarily leave the child with another adult and does not return,.The parents are unable or unwilling to make daily decisions for the child,.The court can appoint a guardian only if any of the following are true: To become a plenary guardian, there must be a court case where the judge approves the guardianship. The guardianship ends automatically when the child turns 18. Someone else is willing to become the guardian.A parent can care for the child again, or.Once someone is appointed a plenary guardian, they cannot give up the responsibility, unless a judge rules that: Short-term guardian (no need to go to court).Ī plenary guardian is a long-term, permanent guardian.There are three different types of guardianship: Not have a felony conviction that involved harm or threat to a child.Ī person's blindness cannot by itself prevent them from becoming a guardian.Be a resident of the United States (some courts will appoint undocumented immigrants),.To become a guardian in Illinois, a person must: The guardian does not have to be related to the child. The person with authority to make decisions about a child's care or property is called the child's guardian. Legal guardianship lets someone who is not a parent make decisions for a child, just as a parent would. When this happens, a person who is not the parent can become the legal guardian of the child. Sometimes, a parent cannot or will not make decisions for their child. Usually, only a parent of a child has the authority to make decisions about the care of a child or property belonging to a child.
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