By Rick Law, estate planning lawyer and senior advocate at the Estate Planning Center at Law Elder Law in Western Chicagoland in Illinois. If the court determines that the appointment of a guardian is necessary for an incapacitated individual, the order of the court will be designed to accomplish the least restrictive form of intervention by appointing a guardian limited powers. Typically, these powers are limited to those that the court has found necessary to assist the person in providing for personal needs and/or property management. If the court determines that the appointment of a guardian is necessary for the incapacitated individual, the order of the court must be designed to accomplish the least restrictive form of intervention by appointing a guardian with powers limited to those the court has found necessary to assist the incapacitated person in providing for personal needs and/or property management. Although creating a guardianship is often considered a last resort, it is still important to carefully pick the guardian. The guardian may be a family member, friend, or a person or agency that competently provides guardianship services. The petition for guardianship is broken down into the content, the nomination, and where to file.  It must contain the following information;

1. the relationship and interest of the petitioner to the respondent;
2. the name, date of birth, and place of residence of the respondent;
3. the reasons for the guardianship;
4. the name and post office address of the respondent’s guardian, if any, or of the respondent’s agent or agents appointed under the Illinois Power of Attorney Act, if any;
5. the name and post office addresses of the nearest relatives of the respondent in the following order: (1) the spouse and adult children, parents and adult brothers and sisters, if any; if none,
6. (2) nearest adult kindred known to the petitioner;
7. the name and address of the person with whom or the facility in which the respondent is residing;
8. the approximate value of the personal and real estate;
9. the amount of the anticipated annual gross income and other receipts; and
10. the name, post office address and in case of an individual, the age, relationship to the respondent and occupation of the proposed guardian.

In addition, if the petition seeks the appointment of a previously appointed standby guardian as guardian of the person, the petition must also state:

1. the facts concerning the standby guardian’s previous appointment and
2. the date of death of the person’s guardian or the facts concerning the consent of the person’s guardian to the appointment of the standby guardian as guardian, or the willingness and ability of the person’s guardian to make and carry out day-to-day care decisions concerning the person with disabilities.

Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!

By elder law lawyer Rick Law, founder and managing partner at the Estate Planning Center at Law Elder Law in West Suburban Aurora, IL At Law Elder Law, we are occasionally contacted by individuals attempting to plan for loved ones that currently reside out of state.  It is important to recognize that guardianship, like Medicaid laws, vary from state to state. In Florida, “guardian” means a person who has been appointed by the court to act on behalf of a ward’s person or property, or both. “Limited guardian” means a guardian who has been appointed by the court to exercise the legal rights and powers specifically designated by court order entered after the court has found that the ward lacks the capacity to do some, but not all, of the tasks necessary to care for one’s person or property, or after the person has voluntarily petitioned for appointment of a limited guardian. “Plenary guardian” means a person who has been appointed by the court to exercise all delegable legal rights and powers of the ward after the court has found that the ward lacks the capacity to perform all of the tasks necessary to care for one’s person or property. Emergency temporary guardian: A court, prior to appointment of a guardian but after a petition for determination of incapacity has been filed, may appoint an emergency temporary guardian for the person or property, or both, of an alleged incapacitated person. The court must specifically find the appearance of imminent danger that the physical or mental health or safety of the person will be seriously impaired or that the person’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken. The powers and duties of the emergency temporary guardian must be specifically enumerated by court order. The court will appoint counsel to represent the alleged incapacitated person during any such summary proceedings, and such appointed counsel may request that the proceeding be recorded and transcribed. The court may appoint an emergency temporary guardian on its own motion if no petition for appointment of guardian has been filed at the time of entry of an order determining incapacity. In New York the court may appoint a guardian for a person if the court determines it is necessary to provide for the personal needs of that person, including food, clothing, shelter, health care, or safety and/or to manage the property and financial affairs of that person. Second, the ward must either agree to the appointment or be incapacitated (as defined in section 81.02(b) of New York’s Mental Hygiene Law). In deciding whether the appointment is necessary, the court must consider the report of the court evaluator and the sufficiency and reliability of available resources to provide for personal needs or property management without the appointment of a guardian. A court-appointed guardian will be granted only those powers that are necessary to provide for personal needs and/or property management of the incapacitated person in such a manner as appropriate to the individual and that will constitute the least restrictive form of intervention. New York defines “guardian” as a person who is 18 years old or older, a corporation, or a public agency, including a local department of social services, appointed in accordance with the statutory terms by the supreme court, the surrogate’s court, or the county court to act on behalf of an incapacitated person in providing for personal needs and/or for property management. Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!

By elder law and estate planning attorney Rick Law.  Based in Aurora, Illinois the elder law and estate planning offices at Law Elder Law provide wills, trusts, traditional and senior estate planning, probate, guardianship, and much more to the Chicagoland senior and boomer community. Individuals with dementia may need a guardian to serve their unique and special needs. A guardian of the person, the estate, or both may be established for adults who are unable to care for their person or estate. A guardianship is established for people who are so incapacitated that they are unable to provide properly for their personal needs or to “manage [their] own financial resources or resist fraud or undue influence.” The guardian, conservator, or limited conservator, typically has the management and control of the estate and, in managing and controlling the estate, must use ordinary care and diligence. What constitutes use of ordinary care and diligence is determined by all the circumstances of the particular estate. The guardian or conservator is authorized to exercise a power to the extent that ordinary care and diligence requires that the power be exercised. Generally, the guardian or conservator must apply the income from the estate, as necessary, to the comfortable and suitable support, maintenance, and education of the ward. All guardians of the estate have general powers specified in your state’s Probate Code and may have additional powers as the court may designate. These additional powers must be specifically set forth in writing. A temporary guardianship may be established by the court. The court may appoint a temporary conservator on the basis of the comprehensive report of the officer providing guardianship investigation, or on the basis of an affidavit of the professional person who recommended guardianship stating the reasons for the recommendation. Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!

By elder law attorney Rick Law, founder of the Estate Planning Center at Law Elder Law, and Senior Advocate in the western suburbs of Chicago in Illinois. A limited guardian is appointed by taking away certain rights of an individual and giving certain rights. For example, the person with disabilities may lose the right to contract but may retain the right to receive $500 a month of personal discretionary spending money. In certain cases, limited guardianships may cause trouble down the line… The parties may attempt to settle a guardianship dispute before trial by agreeing to the appointment of a limited guardian of the respondent’s person, estate, or both. Practically speaking, however, the appointment of a limited guardian can pose problems in the future. For example, for a respondent with a diagnosis of progressive dementia, the duties and powers of the guardian and the legal disabilities that must be included in the limited guardian order will change over time based on the very nature of the respondent’s disability. In addition, the duties and powers of the limited guardian must be specifically laid out in the order to distinguish between the authority of the limited guardian and the powers retained by the respondent. As a result, your elder law practitioner may be forced to go into court on multiple occasions to modify the terms of the limited guardianship as the respondent’s disability progresses. It is because of situations like this that you should not wait for a diagnosis to get your affairs in order.  An elder law, guardianship, and senior estate planning attorney possesses the skills and experience to help you and your family navigate the ins and outs of aging. Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!