HB 5686

Abstract

Amends the Probate Act of 1975. Provides that a court lacks jurisdiction to proceed on a petition for the appointment of a guardian of a minor if it finds that there is a short-term guardian appointed who is fit, willing, and able to care for the minor and that when the petitioner is not the short-term guardian of the minor, there shall be a rebuttable presumption that the short-term guardian of the minor is fit, willing, and able to care for the minor and that the petitioner shall have the burden of proving that the short-term guardian is not fit, willing, or able to care for the minor or that the short-term guardianship has been vacated. Further provides that the appointment of a short-term guardian does not constitute parental consent for court appointment of a guardian. Provides that if a short-term guardian appointed by the minor's parent or guardian petitions for guardianship or standby guardianship, his or her petition must state certain facts concerning his or her appointment as short-term guardian and include a copy of the short-term guardianship appointment with the petition. Provides that a guardian of a minor shall not remove a minor from the State for more than 30 days without first petitioning the court for removal and obtaining leave of the court.