Ethical and Practical Considerations for the Guardian ad Litem and Counsel for the Respondent

Learn about the interplay between trust agreements, powers of attorney, and guardianship, including about a guardian’s duties relative to a ward’s trust, reasons to establish a trust within a guardianship estate and how to do so in light of Howell and Rivera, the impact of the new Illinois Trust Code on a ward’s trust, and whether powers of attorney can be maintained alongside a guardianship estate and when and how they should be revoked.

Most guardianships involve the appointment of a plenary guardian of the person, estate or both. However, there are various situations where the appointment of a limited guardian of the person, estate or both is most appropriate for the alleged person with a disability. In addition, some of the most highly contested guardianship cases involve an individual who presents well and exercises his or her right to contest the adjudication of disability, leaving an opportunity for the parties to resolve the case with a limited guardianship in order to avoid an expensive, and often personal, guardianship trial. Through various case hypotheticals, this presentation explores situations in which limited guardianship is appropriate and how practitioners can better tailor the powers and duties of limited guardians to the circumstances at hand.

Join ADR Systems and WBAI's discussion regarding reunification therapy as a tool used in mediation. Dr. David Finn and Dr. Gail Grossman will discuss the components of reunification therapy. The mental health professionals will also discuss the practicalities of reunification therapy. Judge Helaine Berger and Amy Gertler will introduce a fact pattern for discussion and debate among panelists and attendees and will discuss the court’s approach to use of reunification therapy and mediation. Dr. Finn and Dr. Grossman will leave the audience with boundaries and best practices for practitioners and mediators alike when dealing with high conflict cases involving reunification therapy and mediation.