Guardianship for Minors

Visitation rights, marriage decisions, and reproductive autonomy for individuals under guardianship or subject to a power of attorney present complex legal and ethical challenges. This session will provide attorneys with a deep dive into the Illinois Power of Attorney Act and guardianship laws as they relate to visitation disputes, restrictions, and third-party rights. Additionally, we will explore the legal implications of a ward’s right to marry and make reproductive decisions, including court involvement, capacity determinations, and potential challenges from interested parties..
Originally presented as part of the Guardianships Institute 2025 Course.

As the use of non-bank case management agencies and corporate or non-family fiduciaries in guardianship continues to expand, attorneys must navigate complex legal and procedural challenges that they may not encounter regularly. This session will explore lesser-known aspects of working with public guardians, state guardians, banks, trust companies, and private case management agencies. We will discuss critical issues such as what happens to a power of attorney when the Office of the State Guardian or Public Guardian is appointed for only the person or estate, the cost disparities between different fiduciary options, and when guardians are willing to co-serve with individuals or financial institutions. Additionally, we will address common mistakes in petitioning for a public guardian, whether a public guardian can serve as a trustee, and key benefits and drawbacks of working with each type of fiduciary.
Originally presented as part of the Guardianships Institute 2025 Course.

Delve into the legal precedents, procedural challenges, and interstate nuances that impact guardianship transfers. This session will discuss actionable insights on case management and strategic approaches to effectively represent clients.
Originally presented as part of the Guardianships Institute 2025 Course.