HB 1250

Abstract

Amends the Probate Act of 1975. Provides a definition of "short-term military service guardian". Provides for a Short-term Military Service Guardian. Provides that a parent, adoptive parent, or adjudicated parent in active military service who has physical custody of a child and who does not share joint custody may appoint in writing, with notice to the other living parent of the child and to the court, a short-term military service guardian of the minor child. The written instrument appointing a guardian shall be (i) dated and identify the appointing parent, other living parent, minor, and the guardian; and (ii) signed and witnessed by 2 witnesses unrelated to the parent or the guardian. Provides that a parent shall not appoint a guardian if the child has another living parent, adoptive parent or adjudicated parent (i) who has joint custody of the child, (ii) whose parental rights have not been terminated, (iii) whose whereabouts are known, and (iv) who is willing and able to make and carry out day-to-day child care decisions, unless the non-appointing parent consents. Provides that no later than 2 days after the written instrument was completed the parent must send copies by certified or registered mail, return receipt requested, to: (1) the other living parent;(2) the court that awarded custody; (3) the court which issued the last order concerning the child, or (4) the circuit court clerk in the county where the child resides. Provides that the guardianship is effective immediately, unless a later date is selected. Provides that no court approval is required. The short-term military service guardian shall have authority to act as guardian of the minor for 180 days. Provides that a reappointment or designating a successor short-term military service guardian may be completed similarly. Provides that the appointment of a short-term military service guardian does not affect the other parent's rights.