Tag Archives: guardian
Guardianship for Individuals With Disabilities
In Illinois, a parent is also considered the legal guardian of his or her child until the child turns 18. Guardians have the legal right to make important decisions for a child such as choosing medical care and handling financial …
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A Guardian’s Rights and Responsibilities in Illinois
In Illinois, guardians for people with special needs have specific rights and responsibilities to meet. If you have become a guardian or are considering a guardianship for your adult child, take some time to learn about what a guardian must …
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Ending a Guardianship: How and When to Do It
When you are deciding whether to pursue guardianship for your adult child with special needs, you should learn about ending a guardianship. You may realize that since ending a guardianship is difficult, you might be better off waiting to seek …
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How to Involve Your Child with Special Needs in Future Planning
When you first start future planning for your child with special needs, he or she might be too young to get involved in the many decisions you have to make. As time goes by, your child may express strong preferences …
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What Is a Guardian Ad Litem?
A guardian ad litem, or guardian “for the suit”, can be appointed by the court before a guardianship hearing to act in the guardianship proceeding. The court can appoint a guardian ad litem to report to the judge about the …
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Going to Court for the Guardianship Hearing
When you seek a guardianship for a person with special needs, you must follow many of the same formalities as in a court case. Obtaining a guardianship is a serious matter because it strips the person with special needs of …
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Can a Guardian or Trustee File a Lawsuit on Behalf of an Individual with Special Needs?
An individual with special needs may need a guardian or trustee to file a lawsuit on his behalf. If it makes sense to file a lawsuit under the circumstances, the individual with special needs or relatives will need to determine …
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The Legal Procedure for Seeking Guardianship
The legal procedure for seeking guardianship of an adult with special needs in Illinois involves petitioning the court for an order appointing a guardian. Petitioners must follow court procedure exactly to receive the order. Either an “interested person” such as …
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Short-Term Guardian Declarations
A guardian of a person with special needs who will be unavailable for a short period of time should execute a short-term guardian declaration. The declaration has the effect of appointing a temporary guardian for the ward (the person with …
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HIPAA and Adults with Special Needs
Families of adults with special needs should become familiar with how HIPAA affects medical privacy and decision-making. HIPAA is an acronym that stands for “Health Information Portability and Accountability Act”, a federal law that governs health information privacy and security. For …
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What Is the Illinois Health Care Surrogate Act?
For people with special needs and their families, the Illinois Health Care Surrogate Act provides much-needed peace of mind about making medical decisions if they have not yet started the future planning process. The Health Care Surrogate Act allows family members or friends to make …
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Can a Person with Special Needs Under a Guardianship Still Vote?
In the United States, voting is one of the most important rights afforded to citizens. It may surprise you to learn that not every free citizen can actually exercise that right. Many people with special needs cannot vote because they …
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What Is a Letter of Intent?
Advocates for people with special needs often talk about writing a “letter of intent” for your family member’s care. What exactly is a letter of intent? What should you include in your letter? Here are a few suggestions. Every letter …
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Can a Person with Special Needs Establish His Own Trust?
As of December 30, 2016, individuals with special needs who have capacity can establish their own special needs trusts. See 21st Century Cures Act, P.L. 114-255, Section 5007 (2016). Previously, first party self-settled special needs trusts could only be created with the help …
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Types of Illinois Adult Guardianships
Illinois law permits several different types of adult guardianships. Guardianships protect people with special needs by allowing guardians to make financial, legal, and logistical decisions for them. Guardianships are supervised by the probate court, which appoints a guardian, oversees administration of …
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Who Can Make Decisions for a Minor Child with Special Needs?
If you are in the position of making decisions for a minor with special needs, you may wonder who besides you can make these often-difficult decisions. Generally, parents are the only ones who can decide things for their children. If …
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