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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 LLC in Chicago, where she concentrates her practice in the areas of adult guardianships, elder law, estate planning, and probate. She is a member of the Illinois State and Chicago Bar Associations, serving on the ISBA Elder Law Committee and the CBA Elder Law and Trust and Probate Committees. She is also a member of the National Association of Elder Law Attorneys. 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 is a Staff Attorney at the Illinois Guardianship and Advocacy Commission in Chicago. He is a member of the Illinois State Bar Association and the Appellate Lawyers Association. Mr. Davison was selected as an Illinois Rising Star by Super Lawyers (2017 and 2018) and received the National Alliance on Mental Illness Chicago’s Light the Darkness Award for Community Advocacy (2020). Mr. Davison received his B.A. from Virginia Wesleyan University and his J.D. from the University of Illinois Chicago School of Law. He is currently enrolled in Naval Postgraduate School with the Center for Homeland Defense and Security for his M.A. in Securities (anticipated graduation December 2022).
- Pauline G. Dembicki
Pauline G. Dembicki
Pauline G. Dembicki,of the Law Offices of Pauline G. Dembicki in Evanston, is a sole practitioner focusing on probate, adult guardianships, and trusts. She is a frequent speaker for various bar organizations and community groups and has written articles for the American, Illinois State, Chicago, North Suburban, and Women’s Bar Associations as well as the Advocates Society. Ms. Dembicki received her B.A. from the University of Illinois Chicago 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 probate and guardianship matters. 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 University of Illinois Chicago School of Law.
- 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 E. Krasuski
Ann E. Krasuski
Ann E. Krasuski is a staff attorney at the Illinois Guardianship and Advocacy Commission in Hines, where her work is concentrated in mental health law. 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. Lawhornis an associate at Monahan Law Group, LLC, in Chicago, where she focuses her practice on guardianship and probate litigation, elder law, mental health, and child 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 a Civitas Child Law Fellow and 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 at Dutton Casey & Mesoloras, P.C., in Chicago, where she concentrates her practice in elder law. She is a member of the National Academy of Elder Law Attorneys and served as President of the Illinois Chapter in 2017. Ms. Mesoloras is a Certified Elder Law Attorney. She is also a member of the and the Chicago Bar Association, having served as Chair of the CBA Elder Law Committee. She received her B.A. with honors and her J.D. from DePaul University.
- 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 28 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 Urbana-Champaign and his J.D. from the DePaul University College of Law.
- Amy E. Orlando
Amy E. Orlando
Amy E. Orlando is an attorney at Monahan Law Group, LLC, in Chicago, where she focuses her practice on probate, mental health, confidentiality, and healthcare law. Ms. Orlando is Past Chair (2013 – 2014) of the Chicago Bar Association’s Mental Health and Disability Law Committee and has been a presenter on Illinois mental health and the law at PESI. Ms. Orlando received her B.S. from Illinois State University and her J.D. from The John Marshall Law School, where she was the 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 elder law, probate, and estates. He is a member of the National Academy of Elder Law Attorneys and the Illinois State and Chicago Bar Associations. Mr. Parker received his B.A. from the University of Iowa and his J.D. from the 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. She received the Chicago Bar Foundation’s Richard J. Phelan 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 (ARCHIVED 2018 EDITION)
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