What is Supported Decision-Making Under Illinois Law?
The Illinois Supported Decision-Making Agreement Act (SDMA) went into effect on February 27, 2022. The purpose of the SDMA is to provide a less restrictive alternative to guardianship for adults who have intellectual and developmental disabilities. The SDMA allows these adults to make everyday life decisions …
Continue reading
Power of Attorney or Guardianship: Which is Appropriate for My Adult Child with Special Needs?
Understanding the difference between a power of attorney and a guardianship is critical. When children with special needs approach age 18, parents must realize that they will soon become adults, at least as far as the law is concerned. Once …
Continue reading
Senate Bill 188 Closes Loophole Permitting Parental Access to Children’s Healthcare Records
As the parent of a child with special needs, you must access your child’s healthcare records for various reasons. You may need access to medical records to manage your child’s medical needs or seek out new healthcare providers. You may …
Continue reading
Should I Leave My Estate to the Sibling of My Child with Special Needs? Should the Sibling Be Named as the Child’s Guardian When I Am No Longer Able to Serve as Guardian?
When you have a child with special needs, your estate planning may look significantly different. Many parents traditionally leave their estate to their children in equal shares. Parents also routinely designate a guardian for their children if they pass away …
Continue reading
When Your Child with Special Needs Becomes an Adult: Is Guardianship Really Necessary, or Is an Alternative Enough?
Guardianship matters can be complicated. When parents care for a minor child with special needs, their legal authority to make decisions on the child’s behalf is unquestionable. The much more difficult questions come when that child turns 18 and becomes …
Continue reading
Legal Duties of Guardians of Adults with Special Needs in Illinois
The legal duties of guardians of adults with special needs under Illinois law largely depend on the type and scope of the guardianship order that the court grants. For example, the court can limit the guardian’s powers in the guardianship …
Continue reading
