755 ILCS 5/11-5.3
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XI - Minors

Sec. 11-5.3. Appointment of standby guardian.(a) A parent, adoptive parent, or adjudicated parent whose parental  rights  have not been terminated,  or the guardian of the person of a minor  may designate in any writing, including a will, a  person qualified to act under Section 11-3 to be appointed as standby  guardian of the person or estate, or both, of an unmarried minor or of a child  likely to be born.  A parent, adoptive parent, or adjudicated parent  whose  parental rights have not been terminated,  or the guardian of the person of a minor  or a standby guardian of an unmarried  minor or of a child likely to be born may designate in any writing, including a  will, a person qualified to act under Section 11-3 to be appointed as successor  standby guardian of the minor's person or estate, or both. The designation must  be witnessed by 2 or more credible witnesses at least 18 years of age, neither  of whom is the person designated as the standby guardian. The designation may  be proved by any competent evidence.  If the designation is executed and  attested in the same manner as a will, it shall have prima facie validity.  The designation of a standby guardian or successor standby guardian does not  affect the rights of the other parent in the minor.(b) Upon the filing of a petition for the appointment of a standby guardian,  the court may appoint a standby guardian of the person or estate, or both, of a  minor as the court finds to be in the best interest of the minor.(c) The court lacks jurisdiction to proceed on a petition for the  appointment of a standby guardian of a minor if the minor has a living  parent, adoptive parent or adjudicated parent, whose parental rights have not  been terminated, whose whereabouts are known, and who is willing and able to  make and carry out day-to-day child care decisions concerning the minor, unless  the parent or parents: (1) consent to the appointment; (2) after receiving notice of  the hearing under Section 11-10.1, fail to object to the appointment at the  hearing on the petition; or (3) due to an administrative separation, are unable to give consent to the appointment in person or by a notarized, written document as evidenced by a sworn affidavit submitted by the petitioner describing the parent's or parents' inability to receive notice or give consent.   There shall be a rebuttable presumption  that a parent of a minor is willing and able to make and carry out  day-to-day child care decisions concerning the minor, but the presumption may  be rebutted by a preponderance of the evidence.(d) The standby guardian shall take and file an oath or  affirmation that the standby guardian will faithfully discharge the duties  of the office of standby guardian according to law, and shall file in and have  approved by the court a bond binding the standby guardian so to do, but shall  not be required to file a bond until the standby guardian assumes all duties as  guardian of the minor under Section 11-13.1.(e) The designation of a standby guardian may, but need not, be in the  following form:  DESIGNATION OF STANDBY GUARDIAN[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:A standby guardian is someone who has been appointed by the court as the  person who will act as guardian of the child when the child's parents or the  guardian of the person of the child  die or  are no longer willing or able to make and carry out day-to-day child care  decisions concerning the child. By properly completing this form, a parent or  the guardian of the person of the child  is naming the person that the parent or the  guardian  wants to be appointed as the standby guardian  of the child or children. Both parents of a child may join  together and co-sign this form. Signing the form does not appoint the standby  guardian; to be appointed, a petition must be filed in and approved by the  court.]1. Parent (or guardian) and Children. I, (insert name     of designating parent or guardian), currently residing at (insert address of designating parent or guardian), am a parent (or the guardian of the person) of the following child or children (or of a child likely to be born):  (insert name and date of birth of each child, or insert the words "not yet born" to designate a standby guardian for a child likely to be born and the child's expected date of birth).2. Standby Guardian.  I hereby designate the     following person to be appointed as standby guardian for the child or children listed above (insert name and address of person designated).3. Successor Standby Guardian.  If the person named     in item 2 above cannot or will not act as standby guardian, I designate the following person to be appointed as successor standby guardian for the child or children: (insert name and address of person designated).4. Date and Signature.  This designation is made this     (insert day) day of (insert month and year).Signed:  (designating parent or guardian)5. Witnesses.  I saw the parent (or the guardian of     the person of the child) sign this designation or the parent (or the guardian of the person of the child) told me that (he or she) signed this designation. Then I signed the designation as a witness in the presence of the parent (or the guardian). I am not designated in this instrument to act as a standby guardian for the child or children.  (insert space for names, addresses, and signatures of 2 witnesses). (Source: P.A. 101-120, eff. 7-23-19.)