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Sec. 11a-3.2. Short-term guardian
(a) The guardian of a
disabled person may appoint in writing, without court approval, a short-term guardian of the disabled person to take over the guardian's
duties, to the extent provided in Section 11a-18.3, each time the guardian is
unavailable or unable to carry out those duties. The guardian shall consult
with the disabled person to determine the disabled person's preference
concerning the person to be appointed as short-term guardian and the guardian shall give due consideration to the
disabled person's preference in choosing a short-term guardian.
The written instrument appointing a short-term guardian shall be
dated and shall identify the appointing guardian, the disabled person, the
person appointed to be the short-term guardian and the termination date of the appointment. The
written instrument shall be signed by, or at the direction of, the appointing
guardian in the presence of at least 2 credible witnesses at least 18 years of
age, neither of whom is the person appointed as the short-term guardian.
The person appointed as
the short-term guardian shall also sign the written instrument, but need not
sign at the same time as the appointing guardian. A guardian may not appoint
the Office of State Guardian or a public guardian as a short-term guardian,
without the written consent of the State Guardian or public guardian or an
authorized representative of the State Guardian or public guardian.
(b) The appointment of the
short-term guardian is effective immediately upon the date the written
instrument is executed, unless the written instrument provides for the
appointment to become effective upon a later specified date or event.
A short-term guardian appointed by the guardian shall have
authority to act as guardian of the disabled person for a cumulative total of
60 days during any 12 month period.
Only one written
instrument appointing a short-term guardian
may be in force at any given time. (c) Every appointment of a short-term guardian may be amended or revoked by the appointing guardian
at any time and in any manner communicated to the short-term guardian or
to any other person.
Any person other than the short-term guardian to whom a revocation or amendment is communicated or
delivered shall make all reasonable efforts to inform the short-term guardian
of that fact as promptly as possible.
(d) The appointment of a short-term guardian or successor short-term guardian does not affect the rights in the disabled person of
any guardian other than the appointing guardian.
(e) The written instrument
appointing a short-term guardian may, but need not, be in the following form (attached):
(f) Each time the guardian
appoints a short-term
guardian , the guardian shall:
(i) provide the disabled person with the name, address,
and telephone number of the short-term
guardian ;
(ii) advise the disabled person that he has the right to
object to the appointment of the short-term guardian by filing a petition in court; and (iii) notify the
disabled person when the short-term guardian will be taking over guardianship duties and the
length of time that the short-term guardian will be acting as guardian.
APPOINTMENT
OF SHORT-TERM GUARDIAN
(IT IS
IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:)
By properly completing this form, a guardian is appointing a
short-term guardian of the disabled person for a
cumulative total of up to 60 days during any 12 month period. A separate
form shall be completed each time a short-term guardian takes over guardianship duties.
The person or persons appointed as the short-term shall sign the form, but need not
do so at the same time as the guardian.
1. Guardian and Ward.
I,
____________________________________________________________________(insert
name of appointing guardian),
currently residing
at _____________________________________________________(insert address),
am the guardian of the following disabled person:
_______________________________(insert name of ward).
I hereby appoint the
following person as the short-term guardian for my ward:
________________________________________________________________________(insert
name and address of appointed person).
3. Effective date.
This appointment
becomes effective: (check one if you wish it to be applicable)
( ) On the date that I state in writing that I am no longer either
willing or able to make and carry out day-to-day care decisions concerning my
ward.
( ) 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 care decisions concerning my ward.
( ) On the date that I am admitted as an in-patient to a hospital
or other health care institution.
( ) On the following date: _______________________(insert date).
( ) Other: _____________________(insert 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 on:
_____________________________(enter a date corresponding to 60 days from the
current date, less the number of days within the past 12 months that any short-term guardian has taken
over guardianship duties), 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 care decisions concerning my ward.
( ) 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 care decisions concerning my ward.
( ) 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.
( ) On the date which is __________(state a
number of days) days after the effective date.
( ) Other: ______________________(insert
other).
NOTE: If this item is not completed, the appointment will be
effective until the 60th day within the past year during which time any short-term guardian of this ward had taken over guardianship
duties from the guardian, beginning on the effective date.
5. Date and signature
of appointing guardian.
This appointment is made this
_________________(insert
day) day of _____________________(insert month and year).
Signed: __________________________________(appointing
guardian)
6. Witnesses.
I saw the guardian
sign this instrument or I saw the guardian direct someone to sign this
instrument for the guardian. Then I signed this instrument as a witness in the
presence of the guardian. I am not appointed in this instrument to act as the short-term guardian for the guardian's ward.
(insert names, addresses, and signatures of 2 witnesses)
7. Acceptance of short-term
guardian.
I accept this appointment as short-term guardian on this
____________________________(insert day) day of _____________________(insert
month and year).
Signed:__________________________________________________