Section Newsletter Articles on Guardianship
Best interests and presumptions circa 2011
, February 2011
While the courts now utilize the best interests of the children standard when determining custody, the age and sex of the children and the sex of the party can be a factor considered by the courts in determining custody. But to what extent and how much emphasis should the court place on this factor?
Helpful changes to the Probate Act
, September 2010
The amendments to the Probate Act, which become effective early next year, will provide definitive answers for practitioners and will protect the rights of parents and the best interests of minor children.
Case note: In re the Estate of Fallos
, April 2010
The court in this case discussed the trend toward limited guardianships and found that they should be encouraged when a person is not totally without capacity to direct others concerning his care.
Estate plan prepared by guardian not ripe for challenge
Trusts and Estates
, January 2010
In October 2009, the First District dismissed the appeal of the former caretaker and nephew-in-law of a disabled person (both of whom were named in the disabled person’s prior estate planning documents) of the dismissal of their challenge to the corporate guardian’s new estate plan for the disabled person for lack of standing.
GAL appointment, now what?
, December 2009
You have just been appointed as a Guardian ad Litem in a Dissolution/Custody Case, an adoption case, a juvenile case, a guardianship case, now what?
Guardianship crib notes
, April 2009
An easy-to-read chart with statutory reference-- A useful device for those lawyers who routinely practice in this area of elder law.
Family law update
General Practice, Solo, and Small Firm
, April 2005
In a dissolution of marriage case, a law firm claimed that the disgorgement statute, (750 ILCS 5/501(c-1)(3)), that authorizes a law firm to be required to disgorge interim fees paid by its client to the opposing party's attorney is unconstitutional.