Continuing Legal Education

Guardianship Boot Camp

February 15, 2013
8:30 a.m. – 4:30 p.m.
6.50 MCLE hours, including 1.00 approved Professional Responsibility MCLE credit hours
Presented by Trusts and Estates

Bloomington
Bloomington Holiday Inn and Suites
3202 East Empire Street
(map and directions)

Master the basics of administering a guardianship estate with    
 this informative full-day seminar!

Discover the various issues surrounding guardianship estates for disabled persons as respected estate planning practitioners guide you through a number of topics, including:

  • Who qualifies as a disabled person and why a guardian may be necessary;
  • Types of guardianship estates and who may serve as a guardian;
  • The guardianship appointment process;
  • Requirements for opening and closing the guardianship estate;
  • The powers, duties, and limitations of the guardian;
  • Investment requirements and fiduciary accountings;
  • Contested guardianships and how to avoid and/or settle them;
  • The roles of the Public Guardian and Office of State Guardian; and
  • The ethical issues to consider when acting as Power of Attorney.
Please Note: Prior to the program, you will receive a weblink via email allowing you to access the course materials prior to the program. You will also receive a copy of the course materials (for no additional charge) when you arrive at the program, but will need to check the appropriate box on the registration page letting us know if you prefer a flash drive or printed course book.

 

Program Coordinators:
David A. Berek, Handler Thayer, LLP, Chicago
Tracy S. Dalton, Harris myCFO, Chicago

Program Moderator:
Dennis J. Jacknewitz, Jennings, Jacknewitz & Schrader, P.C., Belleville

 

Agenda

8:30 – 9:30 a.m.  Illinois Power of Attorney Act
This presentation discusses revisions to the Power of Attorney Act, as well as alternative measures to guardianship. A comparison between the power of attorney’s role and that of guardianship is also included.
Susan Dawson-Tibbits, Johnson, Bunce & Noble, P.C., Peoria

9:30 – 10:00 a.m.  Who is a Disabled Person and Why is a Guardian Needed?
This comprehensive overview examines who qualifies as a disabled person, the types of legal guardians available to those who meet these qualifications, and the benefits of having a guardian.
Jacob J. Frost, Attorney at Law, Spring Valley

10:00 – 10:15 a.m.  Break (beverages provided)

10:15 – 11:00 a.m.  The Guardianship Procedure: From Client Intake through the Uncontested Hearing
In this session, the speaker identifies the different types of guardianship estates and who may serve as guardian. An overview of the appointment process and the requirements for opening and closing the guardianship estate are also discussed.
James R. Kalish, Jennings, Jacknewitz & Schrader, P.C., Belleville

11:00 – 11:45 a.m.  Powers, Duties, Limitations, and Role of the Guardian
Join us for an in-depth look at a number of guardianship issues, including: the powers and duties of the guardian; the limitations of the guardian (as imposed by case law and statutes); making decisions on behalf of the ward; the role of the guardian ad litem in representing the alleged disabled person; and reporting to the court.
Sean D. Brady, Mahoney, Silverman & Cross, LLC, Joliet

11:45 a.m. – 12:45 p.m.  Lunch (on your own)

12:45 – 1:45 p.m.  Inventory, Annual Reports and Fiduciary Accountings
Gain a better understanding of what should be included in an inventory, annual report, and fiduciary account. Topics include: an overview of the investment requirements and fiduciary accountings; the allocation of expenses under the Principal and Income Act; and the necessary procedures for handling objections.
Lorraine K. Cavataio, Sandberg, Pheonix & von Gontard, P.C., O’Fallon

1:45 – 2:45 p.m.  Contested Guardianship Estates
Learn how to avoid and settle contested guardianships with this examination of the laws governing contested guardianships, as well as the various situations that give rise to contested adult guardianships.
Edward Jarot, Jr., Dystrup Hoster & Jarot, P.C., Joliet

2:45 – 3:00 p.m.  Break (refreshments provided)

3:00 – 3:30 p.m.  The Role of the Public Guardian and the Office of State Guardian
Explore the role of the Public Guardian and the Office of the State Guardian in the Guardianship process with this informative presentation.
Daniel G. Deneen, Attorney at Law, Bloomington

3:30 – 4:30 p.m.  Ethical Considerations regarding Representing the Principal or the Agent under a Power of Attorney*
Many ethical questions arise when a power of attorney undertakes his duties on behalf of the Principal. This segment discusses which Illinois Rules of Professional Conduct are applicable in these situations and the how to address the potential conflicts of interest.
John D. Gutzke, Rolewick & Gutzke, P.C., Wheaton