Section Newsletters

Articles on Guardianship

2021 Guardianship Changes By Leonard F. Berg & Heather E. Voorn Trusts and Estates, September 2021 An overview of the amendments to the guardianship process arising from Senate Bill 80 and other public acts adopted in 2021.
2 comments (Most recent September 28, 2021)
Transferring adult disabled guardianships between states By Michael J. Fleck Trusts and Estates, March 2019 An overview of In re Estate of Kusmanoff, which illustrates how inefficient and complex multi-state guardianships can be.
Understanding the requirements for adult guardianships By Hon. Anna M. Benjamin Bench and Bar, February 2019 Effective January 1, 2019, the Probate Act gives spouses, adult grandchildren, parents, and adult siblings the right to petition for visitation with adults over whom guardianship has been established.
Case note: In re Estate of John P. Hanley, an Alleged Disabled Person, 2013 IL App (3d) 110264 (Sept. 6, 2013) By Susan Dawson-Tibbits Elder Law, November 2013 This case presents a good example of the lengths to which family members in a dysfunctional family will go to gain control over or seek revenge on other family members, using an elderly family matter as the means.
The standards for appointment in cases where multiple individuals are competing for guardianship By Donald A. LoBue Elder Law, June 2013 There is ample guidance in the statutes and case law as to the standards that should be applied in the appointment of a guardian. Of paramount concern in the selection of a guardian is the best interest and well-being of the disabled person.
New power for guardians of the disabled—Filing for dissolution of marriage By Marilyn Longwell & Aurelija Juska Family Law, December 2012 Overturning longstanding case law, the Illinois Supreme Court in Karbin v. Karbin recently held that a plenary guardian may now seek permission from the court to file a dissolution of marriage proceeding on behalf of a ward.
Case law under the amended Illinois Minor Guardianship Act By Mark Simons Child Law, September 2012 Expanding and clarifying who has standing to contest under the revised Minor Guardianship Act is an important step in this topic’s evolving case law.  
Legislative update: Amendments to the law on temporary guardians By Lee Beneze Elder Law, February 2012 Public Act 97-0614, which amends the statutory language of the Probate Act of 1975 as it applied to temporary guardianships, became effective on this first of this year.
Best interests and presumptions circa 2011 By Elizabeth Chacko Child Law, February 2011 While the courts now utilize the best interests of the children standard when determining custody, the age and sex of the children and the sex of the party can be a factor considered by the courts in determining custody. But to what extent and how much emphasis should the court place on this factor?
Child Law Report: Illinois 96TH General Assembly By Linda S. Coon Child Law, December 2010 A summary of new laws of major interest to the ISBA's Child Law Section Council.
Estate planning by guardians: The next generation By Robert W. Kaufman Trusts and Estates, November 2010 Although guardianship law has come a long way over the years, recent cases demonstrate there is still conflicting authority on these matters.
Helpful changes to the Probate Act By John Halloran Child Law, September 2010 The amendments to the Probate Act, which become effective early next year, will provide definitive answers for practitioners and will protect the rights of parents and the best interests of minor children.
Case note: In re the Estate of Fallos By Edward J. Mitchell Elder Law, April 2010 The court in this case discussed the trend toward limited guardianships and found that they should be encouraged when a person is not totally without capacity to direct others concerning his care.
Dischargeability of child representative and guardian ad litem fees in bankruptcy By Arthur W. Rummler Child Law, March 2010 This article will review the dischargeability of certain divorce-related debts and explore a recent decision that applies the amended law to dischargeability of child representative and guardian ad litem fees incurred during a divorce case.
Estate plan prepared by guardian not ripe for challenge By Margot Gordon Trusts and Estates, January 2010 In October 2009, the First District dismissed the appeal of the former caretaker and nephew-in-law of a disabled person (both of whom were named in the disabled person’s prior estate planning documents) of the dismissal of their challenge to the corporate guardian’s new estate plan for the disabled person for lack of standing.
Case note: Williams v. Estate of Cole, 393 Ill.App.3d 771 (1st Dist. 2009): Regarding the Substitution of a Judge By John W. Foltz Elder Law, December 2009 The Williams case concerned a petition seeking to have a guardianship appointed for Shirley Cole. 
GAL appointment, now what? By Laura Kern Child Law, December 2009 You have just been appointed as a Guardian ad Litem in a Dissolution/Custody Case, an adoption case, a juvenile case, a guardianship case, now what?
Exciting changes to guardianship law: ISBA Legislative Proposal 96-15 By Margaret C. Benson Child Law, September 2009 An overview of ISBA legislative proposal 96-15, designed to clearly define when granting and terminating a guardianship is appropriate. 
Guardianship crib notes By Eugenia C. Hunter Elder Law, April 2009 An easy-to-read chart with statutory reference-- A useful device for those lawyers who routinely practice in this area of elder law.
Tips for working with the fighting family By Martin W. Siemer Elder Law, April 2009 Some tips and suggestions for dealing with a fighting family.
A non-parent’s quandary: Guardianship under the Probate Act or custody under the IMDMA? By Zina Cruse Child Law, December 2008 Today, more than ever, non-parents are finding themselves acting in loco parentis for the children of other family members.
Guardianship and Electroconvulsive Therapy (ECT): Legislative update By Charles P. Golbert Elder Law, February 2008 In May 2007, this newsletter published an article addressing various issues related to guardianship2 and electroconvulsive therapy (ECT).
Family law update By Anne M. Martinkus General Practice, Solo, and Small Firm, April 2005 In a dissolution of marriage case, a law firm claimed that the disgorgement statute, (750 ILCS 5/501(c-1)(3)), that authorizes a law firm to be required to disgorge interim fees paid by its client to the opposing party's attorney is unconstitutional.

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