Nov 30, 2015
By Elder Law Attorney Rick Law. Senior estate planner and senior advocate at Law Elder Law in Aurora, IL, just off the I-88 tollway.
There are certain circumstances, including a guardian’s death, incapacity, or resignation, in which the court may appoint a temporary guardian.
For a temporary guardian to be appointed, it must be deemed necessary for the immediate welfare and protection of the person or the estate on such notice and subject to such conditions as the court may prescribe. In determining the necessity for temporary guardianship, the immediate welfare and protection of the person and estate must be of paramount concern, and the interests of the petitioner, any care provider, or any other party will not outweigh the interests of the ward.
The temporary guardian will have all of the powers and duties of a guardian of the person or of the estate that are specifically enumerated by court order. The court order has to state the actual harm identified by the court that necessitates temporary guardianship or any extension thereof.
Did you know? Temporary Guardianship Cases Are Emergency Situations…
A lawyer was appointed guardian ad litem in a temporary guardianship case in which the children couldn’t agree whether their mother should have neurosurgery. The court directed that the hearing occur the same day as it was filed. The guardian ad litem was directed to go out and talk to the doctors, examine the records, and come back and make a report to the court.
This is an extreme example, but time is of the essence in temporary guardianship situations.
In almost every scenario, by the time a family files for guardianship of someone with Alzheimer’s disease, they want a full plenary guardian. However, they may also have a need to file a temporary guardianship, typically in instances of financial exploitation.
If you’re ready to start getting your estate in order and secure your assets for the “worst-case” scenario, please 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.
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!
My wife and I had our first child three years ago. That’s when we decided to set up a trust, should anything happen to either of us. We reached out to Zach Hesselbaum to help us out. He was very thorough and professional throughout the whole process. Zach went above and beyond to make sure that we understood every detail of setting it up and he did an excellent job. We recently had our second child a few months ago. With the new baby, he helped us make the necessary revisions to the trust. Zach made this process great for us! I would definitely recommend using him for any of your estate planning needs!
Tom G., Naperville, IL