Jan 31, 2016
By Estate Planning Lawyer Rick Law of the Estate Planning Center at Law Elder Law. Providing Guardianship services as well as estate planning, elder law, probate, Medicaid crisis planning, and much more in Kane county in Illinois.
An experienced guardianship attorney realizes that protective orders can be issued from the guardianship court. The purpose of guardianship is to guard and protect, and the average person needs a guardianship attorney who is aware of all of the available tools to guard and protect them and their assets.
Did you know that Illinois requires that the respondent be personally served with a copy of the petition and a summons at least 14 days before the hearing? The summons must be printed in large, bold type and include the statutory language for notice.
Often, most people don’t realize that the basis of a guardianship is a finding of incompetency to manage one’s own affairs and results in taking away one’s civil liberties. So it’s a serious issue, because when appointing a person to be someone’s plenary guardian, it is taking away the right to marry, right to vote, and right to drive. Essentially, it’s saying that the person is totally incapable and forfeits any rights as a citizen.
This strips individuals of very substantial civil rights and civil liberties.
That’s why the Illinois Probate Act provides that individuals who are the subjects of a guardianship case can have a court-appointed attorney, a court-appointed doctor evaluate them, and a jury trial if they seek such.
Generally, the court system will bend over backward to make sure that a person with disabilities is not taken advantage of. Due process is required by the Constitution of the United States whenever one’s civil liberties are jeopardized by judicial action.
Notice of the time and place of the hearing must be given by the petitioner by mail or in person to those people, including the proposed guardian, whose names and addresses appear in the petition and who do not waive notice not less than 14 days before the hearing.
If you are anticipating a contested hearing over who should act as guardian, having your attorney send notice via certified mail is a good way to thwart future allegations of improper service as a basis for overturning the appointment of a guardian for 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!
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!
“Everyone in the office was absolutely wonderful to work with whether on the initial set-up of the trust, adjustment to such following my father’s passing, or processing of his home sale and proceeds.
They genuinely care for your family’s well-being and walk you through each step of the process. They are also exceptionally responsive even when parties involved live in different locations.
This is a definitely a team you can trust and one I highly recommend.”
W.W., Client of Law Hesselbaum