Publications

Section Newsletter Articles on Guardianships

Bill to restrict guardians increases likelihood of ward abuse By Daniel G. Deneen Mental Health Law, May 2016 The author shares his thoughts on HB 4569, which was recently introduced in the Illinois General Assembly.
A perspective on guardianships and visitation of wards By Daniel G. Deneen Trusts and Estates, May 2016 The author shares his thoughts on HB 4569, which was recently introduced in the Illinois General Assembly.
The guardian’s role in maintaining and initiating dissolution proceedings By Sarah LeRose and Marisa Cipolla Trusts and Estates, March 2016 In 2015, the First District considered the issue of whether a non-guardian spouse has standing to participate at the best interests hearing to determine if dissolution of marriage is in the ward’s best interests.
Don’t forget dad! Short-term guardianships aren’t just for the kids By J. Amber Drew Elder Law, February 2016 The Illinois Probate Code specifically authorizes, without court approval, the use of short-term guardianships for disabled adults when the guardian is unavailable or unable to carry out his or her guardianship duties.
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:
Desperate Housewives Chicago style By Margaret C. Benson Women and the Law, September 2005 Now that Annie has convinced Roy to move in with her, what will happen with her plan to get guardianship of her orphaned niece?
Removal of a guardian By Ray J. Koenig, III Trusts and Estates, August 2005 As the median age of our population increases, it is likely that the number of guardianships will also increase.
Subsidized guardianship: A third ground for permanent placement By Catherine M. Ryan and Nancy Hablutzel Child Law, December 2004 May a trial court enter a permanency goal of subsidized guardianship and close the juvenile court case, thereby continuing the guardianship indefinitely and preventing further work of the Illinois Department of Children and Family Services toward reunification with the parents?
A short course on guardianship appointment and service By James B. Moses, Jr. Government Lawyers, March 2004 Editors' Note: This article is the second in what is hoped to be a series of articles written by government lawyers with expertise in an area of law in which family and friends often pose questions.
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.