Section Newsletter Articles on Guardianships

Public Law 98-1082—Guardianship Improvements. Effective January 1, 2015 By Linda S. Coon Child Law, January 2015 The new law will provide courts with clear guidelines, keep parents informed and ensure that guardians act in the best interest of the children in their care.
The demise of Drews: The right of a guardian to file for divorce on behalf of a ward By Margaret C. Benson Elder Law, February 2013 On October 4, 2012 the Illinois Supreme Court finally removed In re Marriage of Drews from life support by overturning the nearly 26-year-old opinion.
Guardian may seek permission for dissolution of marriage By Robert T. Park Civil Practice and Procedure, October 2012 IKarbin v. Karbin, the Illinois Supreme Court reversed its prior precedent and held that a guardian may request court permission to seek dissolution of the ward’s marriage.
Alternative method for enrolling grandchildren in local school district proposed By Ford C. June Elder Law, July 2009 Oftentimes, grandparents are called upon to take care of their grandchildren for extended periods of time. If the parent lives in a different school district than the grandparent, the grandparent’s school district will often request the grandparent to become the grandchild’s guardian.  
The defacto parent: Legal guardianship without court order or common law parents By William E. Hourigan Family Law, June 2007 The appellate court for the 4th district of Illinois has recently ruled that a person who voluntarily adopts the role of a parent stands in loco parentis and therefore is responsible for that child’s medical bills and has a right of action to collect those bills from a tortfeasor, pursuant to the Family Expense Act, even though that person is not the legal guardian.
A guardian’s authority to consent to electroconvulsive therapy (ECT) for a ward By Charles P. Golbert Elder Law, May 2007 Summary: Under what circumstances can a guardian consent to electroconvulsive therapy (ECT) for a ward?
Same-sex couples and the concept of de facto parents—Illinois vs. Washington State By Michael K. Goldberg General Practice, Solo, and Small Firm, March 2007 The demographic changes of the past century make it difficult to speak of an average American family.
Casenote: Guardianship implicitly revokes durable power of attorney, according to fourth district By Peter R. Olson Elder Law, February 2006 The Illinois Appellate Court (In re. Estate of Doyle, No. 4-04-1026, November 10, 2005) recently ruled on an oft debated issue among elder law practitioners:
Adult guardianship mediation: A holistic approach to resolving family disputes By Susan Dawson-Tibbits Elder Law, June 2003 As more Americans are living longer, families are having to grapple with the issues and problems that accompany aging in our society as they assist their elderly relatives.