Guardianships Institute 2021
Registration includes post-event access to the online on-demand recording.
Expires: 7/1/2023
Program Moderator: Amy McCarty, Monahan Law Group, LLC, Chicago
The Ins and Outs of Limited Guardianships
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 will explore 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.
Kyle Fahey, Peck Ritchey, LLC, Chicago
Jesse Footlik, Peck Ritchey, LLC, Chicago
Medicaid Planning Tools
Understand the various Medicaid planning tools available to guardians in administering a ward’s estate.
Melissa Kallio, Dutton Casey & Mesoloras P.C., Chicago
Mallory Moreno, Delaney Delaney & Voorn, Ltd., Orland Park, Oak Brook & Chicago
Working with Adult Protective Services Agencies, the Office of the State Guardian and Public Guardians
Discuss the role of Adult Protective Services agencies when investigating abuse cases that may lead to guardianships. In addition, the session will discuss the referral process and the role of both the Office of the State Guardian and Office of the Public Guardian of Cook County.
Wendy S. Cappelletto, Office of the Public Guardian of Cook County,Chicago
Madeleine Sharko, Office of the State Guardian, Chicago
Intersection between Personal Injury and Probate in Wrongful Death and Survival Actions
An overview of wrongful death and survival actions from the inception of a personal injury case through trial and/or settlement and ultimately the opening of a probate estate (when needed). This segment will also address how such causes of action and corresponding outcomes impact minors and individuals with disabilities.
Charles (Chuck) R. Haskins, Clifford Law Offices, Chicago
James C. Pullos, Clifford Law Offices, Chicago
Missy N. Turk, Delaney Delaney & Voorn, Ltd.,Orland Park, Oak Brook & Chicago
Trusts and Powers of Attorney in Guardianship Estates
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.
Mackenzie Hyde, Clark Hill PLC, Chicago
Amy McCarty, Monahan Law Group, LLC, Chicago
Ethical and Practical Considerations for the Guardian ad Litem and Counsel for the Respondent
(1.0 Professional Responsibility)
Review legal and practical implications of acting as the Guardian ad Litem and as Respondent’s counsel including various legal obligations and ethical duties from the perspectives of a practitioner and retired Judge.
Hon. Jack Fleming (Ret.), Delaney Delaney & Voorn, Ltd., Orland Park, Oak Brook & Chicago
Sarah M. LeRose, Law Office of Leonard J. LeRose, Jr., Ltd., Chicago
Adjourn
= IICLE® Publications Author
Expires: 7/1/2023
Program Moderator: Amy McCarty, Monahan Law Group, LLC, Chicago
The Ins and Outs of Limited Guardianships
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 will explore 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.
Kyle Fahey, Peck Ritchey, LLC, Chicago
Jesse Footlik, Peck Ritchey, LLC, Chicago
Medicaid Planning Tools
Understand the various Medicaid planning tools available to guardians in administering a ward’s estate.
Melissa Kallio, Dutton Casey & Mesoloras P.C., Chicago
Mallory Moreno, Delaney Delaney & Voorn, Ltd., Orland Park, Oak Brook & Chicago
Working with Adult Protective Services Agencies, the Office of the State Guardian and Public Guardians
Discuss the role of Adult Protective Services agencies when investigating abuse cases that may lead to guardianships. In addition, the session will discuss the referral process and the role of both the Office of the State Guardian and Office of the Public Guardian of Cook County.
Wendy S. Cappelletto, Office of the Public Guardian of Cook County,Chicago
Madeleine Sharko, Office of the State Guardian, Chicago
Intersection between Personal Injury and Probate in Wrongful Death and Survival Actions
An overview of wrongful death and survival actions from the inception of a personal injury case through trial and/or settlement and ultimately the opening of a probate estate (when needed). This segment will also address how such causes of action and corresponding outcomes impact minors and individuals with disabilities.
Charles (Chuck) R. Haskins, Clifford Law Offices, Chicago
James C. Pullos, Clifford Law Offices, Chicago
Missy N. Turk, Delaney Delaney & Voorn, Ltd.,Orland Park, Oak Brook & Chicago
Trusts and Powers of Attorney in Guardianship Estates
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.
Mackenzie Hyde, Clark Hill PLC, Chicago
Amy McCarty, Monahan Law Group, LLC, Chicago
Ethical and Practical Considerations for the Guardian ad Litem and Counsel for the Respondent
(1.0 Professional Responsibility)
Review legal and practical implications of acting as the Guardian ad Litem and as Respondent’s counsel including various legal obligations and ethical duties from the perspectives of a practitioner and retired Judge.
Hon. Jack Fleming (Ret.), Delaney Delaney & Voorn, Ltd., Orland Park, Oak Brook & Chicago
Sarah M. LeRose, Law Office of Leonard J. LeRose, Jr., Ltd., Chicago
Adjourn
= IICLE® Publications Author
| Program Date | 8/27/2021 |
| Program Date | 8/27/2021 |