Given the aging of our general population and the tremendous gains in the medical field, the issues of guardianship and advance directives are more and more prevalent. This practical handbook provides practitioners options for advising clients facing such issues. The practitioner has a duty to advise clients regarding the availability of advance directives so that end-of-life decisions may be considered prior to a time of crisis. This handbook contains a discussion of guardianship, for both the person and the estate, as well as an outline of the advance directives recognized in Illinois. Many editable forms, such as the Statutory Short Form Power of Attorney for Health Care and the Statutory Short Form Power of Attorney for Property, are included. Helpful and instructive, this handbook focuses on what practitioners must do to serve the needs of persons who are no longer able to make decisions for themselves and have not made advanced plans for this eventuality.
Chapter 1 — Preliminary Considerations
Ruben M. Garcia and Susan L. DeCostanza, Ruben M. Garcia & Associates, Ltd., Wilmette and Chicago
Chapter 2 —The Appointment Process
Michael S. Delaney and Shannon K. Briggs, DDV Law, Ltd., Chicago
Chapter 3 —Powers and Duties of a Guardian of the Person
Joseph T. Monahan, Elizabeth A. Lawhorn, and Amy E. Orlando, Monahan Law Group, LLC,Chicago
Chapter 4 — Duties of the Guardian of the Estate
Pauline G. Dembicki, Law Offices of Pauline G. Dembicki,Evanston
Chapter 5 — The Guardian’s Duty To Investigate and Pursue Eligibility for Government Benefits and Certain Trusts Available That Satisfy the Duty
Helen Mesoloras, Dutton Casey & Mesoloras, P.C., Chicago
Chapter 6 — Termination or Modification of Guardianship
Pauline G. Dembicki, Law Offices of Pauline G. Dembicki,Evanston, and Kate Curler, Law Office of Kate Curler, Chicago
Chapter 7 — Advance Directives and Surrogate Decision-Making
Eric J. Parker,Stotis & Baird Chartered, Chicago, and Matthew R. Davison, Illinois Guardianship & Advocacy Commission, Hines
Chapter 8 — Adult Mental Health Law in Illinois
Ann Krasuski and Laurel Spahn, Illinois Guardianship & Advocacy Commission, Hines
