May an agent or guardian shift the principal's assets for Medicaid planning purposes after the principal has become disabled? Yes - but doing so can be expensive.
Eighteen months ago, Illinois redefined the roles of the GAL, child representative, and attorney for the child. How are courts and lawyers coping with the new system?
On February 2, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, Third District, reversing and remanding the Circuit Court of LaSalle County's dismissal of a petition for guardianship of a child.
On August 12, 2005, the Probate Act of 1975 (755 ILCS 5) (Act) was modified to specify new conditions under which one may act as a guardian of both the person and the estate.
A new act seeks to clear up confusion about the differing roles of attorney, GAL, and child representative, and expressly authorizes judges to order divorcing spouses into counseling.
Suppose Michael and Terri Schiavo had resided in Illinois after she became incapacitated, and suppose Michael had wanted (or been willing) to divorce her – would Illinois law have allowed it?
On December 10, 2002, the Appellate Court of Illinois, Fourth District, affirmed in part and reversed and remanded in part the order of the Circuit Court of Adams County appointing the state guardian as limited guardian of Muellner.
On February 17, 2000, the Illinois Supreme Court reversed the appellate court and held that a guardian has the authority to continue a dissolution of marriage proceeding that was originally initiated by a ward.
