Publications

Articles on Guardians

Helping Parents Plan for Children with Special Needs

By Kerry R. Peck and D. Rebecca Mitchell
February
2007
Article
Page 82
Drafting tips to help lawyers help parents plan, financially and otherwise, for special-needs children.

Standing for Nonparents Seeking Custody or Guardianship of Minors after In re R.L.S.

By Roman J. Seckel
February
2007
Article
Page 90
The R.L.S. case created differing approaches to standing under the probate act and the IMDMA. The author analyzes the ruling.

When Wards Leave the State, Will Their Guardians’ Authority Be Recognized?

By Anthony E. Rothert
October
2006
Article
Page 554
If a ward moves or travels to another state, will his or her guardian's power be acknowledged? This article explores this and related questions.

Grandparents, others can petition for guardianship of minors

By Helen W. Gunnarsson
May
2006
LawPulse
Page 222
But only if the parent is found unfit, the Illinois Supreme Court ruled in In re R.L.S.

Can an incompetent principal revoke a POA?

By Helen W. Gunnarsson
April
2006
LawPulse
Page 166
A recent fourth district opinion raises this and other questions. 

Probate Act section should be read independently of IMDMA

April
2006
Illinois Law Update
Page 174
On February 2, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, Third District, reversing and remanding the Circuit Court of LaSalle County's dismissal of a petition for guardianship of a child. 

Guardianship requirements amended - PA094-0579

October
2005
Illinois Law Update
Page 506
On August 12, 2005, the Probate Act of 1975 (755 ILCS 5) (Act) was modified to specify new conditions under which one may act as a guardian of both the person and the estate. 

New law fine-tunes child rep statute

By Helen W. Gunnarsson
October
2005
LawPulse
Page 498
A new act seeks to clear up confusion about the differing roles of attorney, GAL, and child representative, and expressly authorizes judges to order divorcing spouses into counseling.

Till death us do part?

By Helen W. Gunnarsson
May
2005
LawPulse
Page 226
Suppose Michael and Terri Schiavo had resided in Illinois after she became incapacitated, and suppose Michael had wanted (or been willing) to divorce her – would Illinois law have allowed it?

Child’s Representative Statute Held Unconstitutional

By H. Joseph Gitlin
April
2005
Column
Page 212
The implications of In re Marriage of Bates.

The Child’s Representative Law After In re Marriage of Bates

By Rebecca J. Whitcombe
January
2005
Article
Page 26
This supreme court case from a few weeks ago casts a cloud on the law's future.

The Challenge of Representing Mentally Impaired Clients

By Helen W. Gunnarsson
October
2004
Article
Page 518
You think your client's judgment might be impaired – must you do what he asks? Can you talk to the family? A look at governing law.

Guardian ad litem 101

By Helen W. Gunnarsson
August
2003
LawPulse
Page 374
Veteran ISBA members offer advice to lawyers who find themselves appointed as guardian ad litem for disabled respondents.

Guardianship and its Alternatives: What’s Best for Elderly Clients?

By Susan Dawson-Tibbits
March
2003
Article
Page 120
Sometimes guardianship is the right answer for elderly clients, but often there are better, less intrusive alternatives

Trial court erred in granting state guardian authority to place disabled adult in skilled-care nursing home prior to holding involuntary commitment hearing

March
2003
Illinois Law Update
Page 116
On December 10, 2002, the Appellate Court of Illinois, Fourth District, affirmed in part and reversed and remanded in part the order of the Circuit Court of Adams County appointing the state guardian as limited guardian of Muellner.

Correspondence from Our Readers

December
2002
Column
Page 622
When forum shopping, don't forget the Indian Child Welfare Act.

Forum Shopping (the Good Kind) in Custody and Guardianship Cases

By M. Lee Witte and Margaret C. Benson
September
2002
Article
Page 481
In custody cases, like most others, you'll increase your odds of success if you choose your forum wisely.

Understanding the Illinois Child’s Representative Statute

By Carl W. Gilmore
September
2001
Article
Page 458
Find out which of the three options authorized by statute;GAL, child's representative, or attorney for the child;is best for your case.

Using the Probate Act to Recover Assets Stolen from Persons with Disabilities

By Charles P. Golbert
September
2000
Article
Page 510
How to use Article XVI of the Illinois Probate Act to discover and recover ill-gotten assets.

A guardian has standing to continue a dissolution action that was commenced by the ward prior to the guardian’s appointment

April
2000
Illinois Law Update
Page 196
On February 17, 2000, the Illinois Supreme Court reversed the appellate court and held that a guardian has the authority to continue a dissolution of marriage proceeding that was originally initiated by a ward.

The Lawyer’s Journal

By Bonnie McGrath
October
1999
Column
Page 514
Insurance policies and the discovery rule; read the fine print.

Correspondence from Our Readers

July
1999
Column
Page 346
"Legal Advocacy Service'' revealed...

The Lawyer’s Journal

By Bonnie McGrath
February
1999
Column
Page 70
No retaliatory discharge claims for whistle-blowing lawyers...

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