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Articles Posted in Guardianship

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5 Estate Planning Strategies To Support Someone Struggling With Mental Health Challenges (Part 2)

In last week’s post, I shared a few ways to provide support with estate planning to a family member or loved one with mental health challenges. Here are 3 more ways you may be able to support them, depending on their specific situation: • Consider a guardianship. If this family member or…

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What exactly is a bond anyway?

When a non-lawyer ventures into the world of probate or guardianship, one item that usually causes confusion is the requirement for the representative to post a bond. Under Illinois law, a court-appointed representative is required to post a bond which covers 150% of the value of the personal estate. This…

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Another Season, Another Scam – Medicare phishing calls on the rise

Open enrollment for Medicare runs from October 15th to December 7th this year. If you are eligible for Medicare, you are more likely than ever to be the target of Medicare related scams this year. Medicare scammers are smart and they know exactly what types of scenarios, incentives and stories…

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Understanding the Role of a Guardian ad Litem in Guardianship Proceedings

When a Petition for Guardianship of an Adult with an Alledged Disability is filed, the Court will often times appoint a Guardian ad Litem (GAL) to conduct an investigation.  The GAL is a local attorney who is responsible for representing the best interests of the Respondent in the guardianship proceeding.…

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Enhancing Special Needs Estate Planning – The ABLE Act in Illinois

In a time when advances in medicine are providing longer, more fulfilling lives for our family members with special needs, it is more important than ever to take advantage of all the financial planning tools available for their specific needs. The Illinois ABLE Act provides for a new tax-advantaged investment program that allows…

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Rights to Visitation in Guardianship Proceedings

When a guardian has been appointed for a person with a disability (the “ward”) there are sometimes disagreements as to that person’s care.  These disagreements are usually between the guardian and the other relatives of the ward.  Sometimes a guardian may attempt to push the limits of their power by blocking…

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Ensuring Guardians Comply With Their Duties

When a guardian is appointed for a person with a disability (the “ward”), the guardian is required to follow certain guidelines.  There are two types of guardianships in Illinois, and they each have different rules to follow. The first is “guardianship of the person.”  The guardian of the person is…

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When It’s Too Late for a Power of Attorney

Many times clients will call our firm and state that they need a Power of Attorney for their elderly relative because he/she has dementia or some other condition which causes diminished capacity.  Unfortunately, depending on the current mental capacity of the relative, it may be too late for them to sign…

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