Illinois Designation of Standby Guardian - Statutory Form
Overview of this form
The Designation of Standby Guardian is a legal document that allows a current guardian to appoint a standby guardian for a disabled person. This form ensures that there is someone ready to take over guardianship responsibilities when the primary guardian can no longer perform their duties due to death, incapacity, or unwillingness. Unlike other forms of guardianship documentation, this form specifically addresses the need for a standby guardian, which is critical for the ongoing care of the disabled individual.
Key components of this form
- Name and address of the appointing guardian.
- Name and address of the designated standby guardian.
- Name and address of the successor standby guardian.
- Date of designation and signature of the appointing guardian.
- Signature lines for two witnesses.
- Acceptance section for the appointed standby guardian.
Situations where this form applies
This form should be used when a guardian wishes to ensure the continuous care of a disabled person by designating someone to act as a standby guardian. The need may arise when the primary guardian anticipates a situation in which they may no longer be able to fulfill their role, such as health issues or advancing age. Completing this form helps avoid potential disruptions in care during critical times.
Who should use this form
This form is intended for use by:
- Current legal guardians wishing to appoint a standby guardian.
- Family members who are guardians of disabled individuals.
- Individuals seeking to ensure consistent care for a loved one with disabilities.
How to complete this form
- Enter the name and address of the guardian appointing the standby guardian.
- Specify the name and address of the individual designated as the standby guardian.
- If applicable, provide the name and address of the successor standby guardian.
- Complete the date of the designation and have the appointing guardian sign the document.
- Ensure that two witnesses sign in the appropriate sections, confirming the validity of the signature.
- The standby guardian should sign the acceptance section to confirm their willingness to serve.
Notarization guidance
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
Mistakes to watch out for
- Failing to include the full names and addresses of the guardians and standby guardians.
- Not having two witnesses sign the document, as required.
- Neglecting to complete the acceptance section by the standby guardian.
- Using outdated forms or not following the correct state-specific guidelines.
Why use this form online
- Convenience of immediate download; no need to visit an office.
- Editable templates that allow for easy customization.
- Reliable and accurate forms, drafted by licensed attorneys.
State-specific compliance details
As this form is based on the Illinois Compiled Statutes (755 ILCS 5/11a-3.1), it follows the specific legal framework required in Illinois for appointing standby guardians. Be sure to comply with local regulations if using a version adapted for different states.
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FAQ
A. A guardian can be appointed by court (in case of parents death or parents have abandoned their child) after following proper procedure in court of law or by way of will (testamentary guardian) where parents want someone to act as guardian of their children after their death.
The names of the forms are usually: Petition for Appointment of Guardian (or Petition for Appointment of Guardian of Minor) Petition for Conservatorship (when dealing with an incompetent adult) Order Appointing Guardian.
In order for a guardian to be appointed, a petition must be filed in the court by an "interested person". The petition includes basic information, such as the name, date of birth and address of the person alleged to be in need of guardianship.
There are two types of guardianships, a full guardianship and a limited guardianship.
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The legal guardianship document is a formal declaration to the court system that another party is responsible for the well-being of the minors. No one can predict when an accident or other disaster may occur. Some include a legal guardianship document in their wills to determine who will raise their children.
As guardian of the person, you are entitled to compensation for your time, upon court approval. The compensation cannot exceed five percent of the ward's gross income. Attorney fees and other costs can and should be paid out of the ward's income, upon court approval.
What's the procedure to establish guardianship of a child? You can establish guardianship of a child by filing papers in court. Initially, file a petition stating your interest in obtaining guardianship along with a filing fee. You'll also want to file a letter of consent from the child's parents.
Verbally (they tell you in front of someone else that they'll do it), in writing (ask someone to watch them sign and date their agreement), or. by their behaviour (for example, they take care of your children if you get sick or die).
