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List of Forms by Chapter - Chapter 1 — Preliminary Considerations
- Chapter 2 — The Appointment Process
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I. Petition for Guardianship - II. [2.9] The Hearing
- [2.10] Notice
- Rights of Alleged Person with a Disability
- [2.11] Presence at Hearing
- [2.12] Independent Counsel
- [2.13] Jury and Jury Instructions
- [2.14] Closed Hearings
- [2.15] Evidence and Witnesses
- [2.16] Independent Medical Examination
- [2.17] Court Inquiries
- [2.18] Order
- [2.19] Selection of the Guardian
- [2.20] Order for Letters of Office
- [2.21] Order of Protection
- Authority To Make Placement
- [2.22] Residential
- [2.23] Mental Health Facility
- III. Documents Filed Subsequent to Appointment
- IV. Jury Instructions
- V. Verdict Forms
- Chapter 3 — Powers and Duties of a Guardian of the Person
- Chapter 4 — Duties of the Guardian of the Estate
- I. [4.1] Introduction
- II. Authority of the Guardian of the Estate
- [4.2] Initial Court Order
- [4.3] Court Approval for Certain Actions
- [4.4] Guardian’s Petition for Authority To Exercise Powers
- [4.5] Personal Property
- [4.6] Real Property
- [4.7] Contract To Lease Real Estate
- [4.8] Dissolution
- [4.9] Veterans Administration Benefits
- [4.10] Representing the Adult with a Disability in Legal Proceedings
- [4.11] Revocable Trusts
- [4.12] Powers of Attorney
- III. Responsibilities of the Guardian of the Estate
- IV. [4.17] Claims Against the Guardianship Estate
- V. [4.22] Completing the Guardianship Estate at the Death of the Adult with a Disability
- VI. [4.23] Conclusion
- Chapter 5 — The Guardian’s Duty To Investigate and Pursue Eligibility for Government Benefits and Certain Trusts Available That Satisfy That Duty
- I. [5.1] Introduction
- II. [5.2] Guardian’s Duty To Pursue Government Benefits
- III. The What and Why of (d)(4)(A) and (d)(4)(C) Special-Needs Trusts
- IV. Capacity To Execute Estate Planning Documents
- V. [5.18] Evaluation of Ward’s Present and Future Needs
- VI. [5.24] Resources for Funding a Trust
- VII. [5.30] Choice of Trustee
- VIII. Petitioning for Authority To Create an OBRA ’93 Payback Trust
- IX. [5.33] Other Medicaid Planning Options
- X. [5.34] Other Benefits — Aid and Attendance Pension
- XI. [5.35] ABLE ACT of 2014
- XII. [5.36] Resources
- XIII. Appendix — Forms
- Chapter 6 — Termination or Modification of Guardianship
- I. [6.1] Introduction
- II. [6.2] Termination or Modification of Guardianship due to Restoration
- III. [6.3] Unsuccessful Restoration Based on Change in Disability
- IV. [6.4] Termination of Guardianship upon the Death of an Adult with a Disability
- V. Removal of Guardian
- VI. Standby and Short-Term Guardians
- VII. [6.11] Transfer of Proceedings to Another County in the State
- VIII. [6.12] Transfer of Proceedings to Another State
- IX. [6.13] Conclusion
- X. Appendix — Forms
- Chapter 7 — Advance Directives and Surrogate Decision-Making
- I. [7.1] Introduction
- II. [7.2] Statutory Short Form Power of Attorney for Property
- III. [7.10] Statutory Short Form Power of Attorney for Health Care
- [7.11] Limitations on Who May Serve as Healthcare Agent
- [7.12] Limitations on Witnesses to Power of Attorney To Avoid Conflict of Interest, Appearance of Duress
- [7.13] Effective Date
- [7.14] Agents — Authorization, Duties, Removal
- [7.15] Successor Agents
- [7.16] Duties of Healthcare Providers
- [7.17] Immunities
- [7.18] Revocation, Amendment, and Termination
- [7.19] Powers of Attorney for Healthcare Executed Using an Older Form
- [7.20] Powers of Attorney from Another State May Be Used in Illinois
- [7.21] Nonstatutory Healthcare Powers
- IV. [7.22] Mental Health Treatment Preference Declaration
- V. [7.28] Living Will
- VI. [7.33] Health Care Surrogate Act
- VII. [7.40] Physicians’ Orders for Life-Sustaining Treatment (POLST)
- VIII. Appendix — Forms
- [7.47] Statutory Short Form Power of Attorney for Property
- [7.48] Statutory Short Form Power of Attorney for Health Care
- [7.49] Agent’s Certification and Acceptance of Authority Form
- [7.50] Successor Agent’s Certification and Acceptance of Authority Form
- [7.51] Declaration for Mental Health Treatment Form
- [7.52] Living Will Form
- [7.53] Physician’s Order for Life-Sustaining Treatment (POLST) Form
- Chapter 8 — Adult Mental Health Law in Illinois
- I. [8.1] Introduction/Overview: The Mental Health Code Implicates Substantial Liberty Interests
- II. [8.2] Rights of Recipients
- Treatment Rights
- [8.3] Right to Care and Services in the Least Restrictive Environment
- [8.4] Recipients’ Right to a Say in Their Treatment; Preferences for Emergency Interventions
- [8.5] Right To Be Fully Informed About Proposed Treatment
- [8.6] Right To Refuse Treatment
- [8.7] Right to Freedom from Restraint/Seclusion
- [8.8] Communication/Visit Rights
- [8.9] Personal Property/Money Rights
- [8.10] Right to Notice When Rights Are Restricted
- [8.11] Right to Privacy
- III. [8.12] Advance Directives/Limits on Guardians
- IV. [8.13] Admission to a Mental Health Facility
- [8.14] Mental Illness
- [8.15] Mental Health Facility
- [8.16] Informal Admission
- [8.17] Voluntary Admission
- [8.18] Request for Discharge (Commonly Referred to as a “Five-Day”)
- [8.19] Reaffirmation
- [8.20] Dismissal of the Petition
- [8.21] Involuntary Admission on an Inpatient Basis
- Emergency Admission
- [8.22] Petition
- [8.23] Certificates
- [8.24] Filing, Hearing Dates
- Admission by Court Order
- [8.25] Court-Ordered Temporary Detention Based on Any Court’s Personal Observation
- [8.26] Court-Ordered Admission in Other Circumstances (Informally Referred to in Some Counties as “Writs of Detention”)
- [8.27] Other Bases for Involuntary Admission
- [8.28] Request for Discharge
- [8.29] Failure To Reaffirm
- [8.30] Recommitment
- Outpatient Admission
- [8.31] Petition, Examination/Certificates
- [8.32] Notice/Hearing Date
- [8.33] Agreed Order for Outpatient Admission
- V. Involuntary Proceedings
- [8.34] Involuntary Proceedings Generally
- [8.35] Role of State’s Attorneys
- [8.36] Respondent’s Right to Counsel
- [8.37] Effective Assistance of Counsel
- [8.38] Legal Advocacy Service — Resource for Public Defenders and Pro Bono Attorneys
- [8.39] Respondent’s Presence at Hearing; Use of Shackles on Respondent While Present in Court
- [8.40] Location of Hearing, Venue
- [8.41] Respondent’s Right to a Closed Hearing
- [8.42] Respondent’s Right to a Jury
- [8.43] Respondent’s Right to an Independent Examination
- [8.44] Expert Testimony Requirement
- [8.45] State’s Burden of Proof
- [8.46] Verbatim Record, Findings
- [8.47] Therapeutic Jurisprudence
- Involuntary Commitment Proceedings
- [8.48] Hearing Date, Continuances
- [8.49] Grounds for Inpatient Commitment
- [8.50] Mental Illness
- [8.51] Physical Harm
- [8.52] Basic Physical Needs
- [8.53] Refusal of Treatment, Deterioration
- [8.54] Court Order
- [8.55] Collateral Consequences of a Court Order for Commitment
- Grounds for Outpatient Commitment
- [8.56] In General
- [8.57] Court Order
- [8.58] Least Restrictive Alternative, Dispositional Report
- [8.59] Involuntary Treatment Proceedings (Medication, Electroconvulsive Therapy)
- [8.60] Petition
- [8.61] Notice, Hearing Date; Separate from Commitment Hearing
- [8.62] Criteria for Involuntary Treatment
- [8.63] “Serious” Mental Illness
- [8.64] Lack of Capacity
- [8.65] Deterioration in Ability To Function, Suffering, Threatening Behavior
- [8.66] Other Less Restrictive Services Are Inappropriate
- [8.67] Benefits Outweigh Harms
- [8.68] Tests/Procedures
- [8.69] Substituted Judgment
- [8.70] Order for Involuntary Treatment, Duration
- [8.71] Stay of Order
- Posttrial
- [8.72] Posttrial Motions
- [8.73] Filing Current Treatment Plan by 30-Day Point of Commitment
- [8.74] Petition for Discharge
- [8.75] Appeal
- Kate Curler
Kate Curler
Kate Curler is the Principal Attorney at The Law Office of Kate Curler in Chicago, where she concentrates her practice in the areas of adult guardianships, nursing home placement and contracts, senior advocacy, elder law, estate planning, and probate. She is a member of the Illinois State and Chicago Bar Associations, serving on the CBA Elder Law and Probate Practice Committees. She is also an active member of the Union League Club of Chicago, where she serves as Cochair of the Lawyers Group and is on the Library and Admissions Committees. Ms. Curler received her B.A. with honors from Michigan State University and her J.D. from Santa Clara University School of Law.
- Matthew R. Davison
Matthew R. Davison
Matthew R. Davison, of the Law Office of Matthew R. Davison, LLC, in Chicago, is a sole practitioner concentrating in fiduciary litigation and mental health law. He is a member of the Illinois State Bar Association Mental Health Law and Trusts and Estates Sections. He is also a member of the Chicago Bar Foundation Mental Health Pro Bono Pilot Program. He was selected as an Illinois Rising Star by Super Lawyers for 2017 and 2018. Mr. Davison received his B.A. from Virginia Wesleyan University and his J.D. from The John Marshall Law School.
- Pauline G. Dembicki
Pauline G. Dembicki
Pauline G. Dembicki is a sole practitioner in Evanston, where her practice focuses on estate planning, trusts, prenuptials, elder law, powers of attorney, probate and trust administration, guardianship administration, and related contested matters. She is a recipient of volunteer awards from IICLE® and the Chicago Volunteer Legal Services Volunteer Award and an award from the North Suburban Bar Association. Ms. Dembicki received her B.A. from the University of Illinois at Chicago Circle and her J.D. from Chicago-Kent College of Law.
- Ruben M. Garcia
Ruben M. Garcia
Ruben M. Garcia is a Partner at Ruben M. Garcia & Associates, Ltd., in Wilmette and Chicago, where he concentrates his practice in contested probate estates, including guardianship estates. He is a member of the National Academy of Elder Law Attorneys, the Hispanic Lawyers Association of Illinois, and the Illinois State Bar Association. Mr. Garcia received his B.S. from the University of Illinois and his J.D. from The John Marshall Law School.
- Enid Kempe
Enid Kempe
Enid Kempe is a Partner at Enid Kempe, P.C., in Berwyn, where she concentrates her practice in adult guardianships, probate, and estate planning. Ms. Kempe is a member of the Illinois State and American Bar Associations and a member and Past President of the West Suburban Bar Association. She is also an adjunct professor at Loyola University Chicago Institute of Paralegal Studies. Ms. Kempe received both her B.A. and J.D. from DePaul University.
- Ann Krasuski
Ann Krasuski
Ann Krasuski is a staff attorney at the Illinois Guardianship and Advocacy Commission in Hines, where her work is concentrated in mental health law and appellate practice. Before attending law school, she worked for the Long-Term Care Ombudsman Program in Seattle and in New York, advocating for residents of nursing homes and other long-term care facilities. Ms. Krasuski received her M.A. from the University of Texas at Austin and her J.D. from DePaul University College of Law.
- Elizabeth A. Lawhorn
Elizabeth A. Lawhorn
Elizabeth A. Lawhorn is an associate at Monahan Law Group, LLC, in Chicago, where she focuses her practice on guardianship and probate litigation, mental health, and child welfare and juvenile law. She is a member of the Illinois State Bar Association. She received her B.A. from the University of Nebraska, where she was on the Dean’s List, and her J.D. magna cum laude from Loyola University Chicago School of Law, where she was Executive Editor of the Law Journal and received a Certificate of Specialization in Child and Family Law.
- Helen Mesoloras
Helen Mesoloras
Helen Mesoloras is a Partner with Dutton Casey & Mesoloras, P.C., in Chicago, where she focuses her practice in the area of elder law. Ms. Mesoloras is Past President of the Illinois Chapter of the National Academy of Elder Law Attorneys and Past Chair of the Elder Law Committee of the Chicago Bar Association. She received her B.A. with honors from DePaul University and her J.D. from DePaul University College of Law.
- Joseph T. Monahan
Joseph T. Monahan
Joseph T. Monahan is the Founder of Monahan Law Group, LLC, in Chicago, where he is a steadfast advocate for persons with disabilities, their families, and the professionals who serve them. He has been an adjunct professor of mental health law for over 20 years at Loyola University Chicago School of Law and has repeatedly served as Chair of the Illinois State Bar Association Mental Health Law Committee. He is also a member of the Chicago Bar Association and numerous other professional and service organizations. He received his B.A. and M.S.W. from the University of Illinois and his J.D. from DePaul University College of Law.
- Amy E. Orlando
Amy E. Orlando
Amy E. Orlando is an associate at Monahan Law Group, LLC, in Chicago, where her work is focused on guardianships, elder law, and mental health. She is a yearly presenter on Illinois Mental Health and the Law for PESI, a member of the Chicago Bar Association and former Chair of the CBA Mental Health and Disability Law Committee, and an M-Team Member of the PLOWS Council on Aging. Ms. Orlando received her B.S. from Illinois State University, where she was on the Dean’s List, and her J.D. from The John Marshall Law School, where she was Executive Justice of the Moot Court Honors Program.
- Eric J. Parker
Eric J. Parker
Eric J. Parker is an attorney at Stotis & Baird Chartered in Chicago, where his practice focuses on estates and injury litigation. He frequently lectures on the topics of advance directives, financial abuse, and nursing home neglect and has written or cowritten chapters for IICLEÒ on records in long-term care litigation, special-needs trusts, advance directives, living wills and powers of attorney, and structured settlements in personal injury cases. He was also a presenter for IICLEÒ on the topic of hoarding. He is a member of the Illinois Trial Lawyers Association, the Illinois State and Chicago Bar Associations, and the National Academy of Elder Law Attorneys. Mr. Parker received his B.A. from the University of Iowa and his J.D. from Pepperdine University School of Law.
- Laurel Spahn
Laurel Spahn
Laurel Spahn is a staff attorney at the Illinois Guardianship and Advocacy Commission in Hines, where her practice is focused on mental health law and appellate practice. She received the Chicago Bar Foundation’s Richard J. Phelen Public Service Award in 2012. Ms. Spahn received her J.D. from Wake Forest University School of Law.
- Jenna Veirup
Jenna Veirup
Jenna Veirup is an associate at Enid Kempe, P.C., in Berwyn, where she focuses her practice on adult guardianships, probate, and estate planning. She is a member of the Illinois State Bar Association. Ms. Veirup received her B.M. from the University of Colorado and her J.D. from The John Marshall Law School.
Adult Guardianships, Advance Directives, and Mental Health Law 2018 Edition
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