FREE ONLINE LEGAL RESOURCES; ANTI-FRAUD HOTLINE; POWER OF ATTORNEY; TEMPORARY GUARDIANSHIP; STANDARDS OF PRACTICE

Welcome to our blog-- we hope you find it helpful.   Please note that there is an index on the right hand side of the page; it contains information so you can read more about probate laws, guardianship issues, viewing and obtaining your files, ordering transcripts of your hearings,  reporting unethical activities, reporting crimes, etc.   


   Please take the time to learn more about your case; go downtown and view and copy your file.    Please report suspected financial exploitation to the proper authorities (see index on the right).  We urge you to report criminal activities to the FBI, and ask to be put in touch with the Public Corruption unit.     Please ask your investigator to join your file with other files containing complaints on the same unethical people as are in your case.  



     If everyone reports this criminal activity, perhaps we can put an end to it.  



FREE LEGAL ADVICE
LOYOLA UNIVERSITY COMMUNITY LAW CENTER

25 East Pearson Street, Suite 1005
Chicago, Illinois 60611
Phone: (312)915-7830
Hours: 8:30 a.m. - 5 p.m.
By apointment only

Guardianship, visitation, some landlord/tenant cases, and simple divorces where property rights and children are not invoved.  Services are free of charge but clients must pay court costs.

Here is a good source for free legal assistance for those appearing without an attorney (pro se) :

http://www.illinoislegalaidonline.org/

Go to "Get Legal Help" and type in the name of the type of motion you are trying to create.

Here is a link to the Circuit Court of Cook County Court website. 
 It shows which judges handle guardianship cases.  It also has links to court forms that are used in court for guardianship cases:

http://www.cookcountycourt.org/ABOUTTHECOURT/CountyDepartment/ProbateDivision/AdultGuardianshipEstates.aspx



 PLEASE REPORT ALL SUSPECTED FRAUD AGAINST SENIORS TO THE SENATE AGING COMMITTEE'S NEW ANTI-FRAUD HOTLINE:

 http://www.aging.senate.gov/fraud-hotline





                                               March 25, 2014 

                           PROPOSED CHANGES TO ILLINOIS

                                 POWER OF ATTORNEY LAW

NASGA Members in Legislative Action!

NASGA is pleased to announce the introduction of HB5573 to the Illinois Legislature by Representative David Harris (53rd District).

HB5573 protects the validity of previously properly and legally executed Power of Attorney (PoA)  and Advance Directives, stating in clear and concise language that these documents shall stand --only to be overturned if undue influence in the creation of the document(s) is proven at a due process hearing conducted for that purpose. 

Representative Harris consulted and worked with NASGA member and Director, Sylvia Rudek on this bill.  Addressing the problems with PoA and Advance Directives is essential to guardianship reform because many NASGA members have been designated as PoA for their loved one, only to have their PoA wrongfully ignored by the court and a guardianship forced upon their loved one instead.  In most cases, the guardian is a third-party - a total stranger who does not have a personal relationship with the ward nor an intimate knowledge of the ward's preferences or needs. 

Strengthening Power of Attorney and Advance Directives is one of the best ways to avoid guardianship.  Avoiding guardianship is one of the best ways to stop guardianship abuse.

NASGA very much appreciates the hard work and effort Representative Harris, his staff, and NASGA Director Sylvia Rudek have dedicated to the making of this bill, and we look forward to its passing. 

SYNOPSIS AS INTRODUCED:

Amends the Probate Act of 1975. Provides that guardianship of a disabled adult may not be used in a retaliatory manner or as a convenience for a health care provider or family member. Provides that no petition for guardianship shall seek relief that is in conflict with any properly and previously executed will, trust, power of attorney, durable power of attorney, health care directive, advance directive, or other directive unless undue influence is proven in the creation of the document, by clear and convincing evidence, at a hearing conducted under the rules of civil procedure of this State. 

HIGHLIGHT OF THE PROPOSED LEGISLATION:

11		(755 ILCS 5/11a-8.2 new)
12		Sec. 11a-8.2. Petitions; previously executed documents. No
13		petition under this Article shall seek relief that is in
14		conflict with any properly and previously executed will, trust,
15		power of attorney, durable power of attorney, health care
16		directive, advance directive, or other directive unless undue
17		influence is proven in the creation of the document, by clear
18		and convincing evidence, at a hearing conducted under the rules

More information about this exciting bill, as well as comments from NASGA members may be found at NASGA's website:     
http://nasga-stopguardianabuse.blogspot.com/2014/03/nasga-members-in-legislative-action.html   



 Powers of attorney compared with guardianship.

A power of attorney is a signed written instrument governing the relationship between a principal, the one creating the power of attorney, and an agent, a person designated by the principal to act on the principal’s behalf. Powers of attorney may be written to cover personal needs, financial needs, or both. The principal has the ability to tailor the document to include as many or as few areas of need as desired. Only the specific powers listed in the powers of attorney may be exercised by an agent.

Where a conflict exists between the powers listed in a power of attorney and a guardian, the power of attorney controls. The guardian will have no power, duty or liability with respect to any personal or financial powers or duties given an agent under a power of attorney.  Sections 11a-17 ( c ) and 11a-18 ( e ).

In addition, Section 2-7 of the Illinois Power of Attorney Act provides that an adjudication of disability of the person who created a power of attorney should not affect the ability of an agent to exercise authority under the power of attorney. 

However, where a power of attorney is ambiguous or where the agent fails to act under the terms of the written power of attorney, a court may direct a guardian to exercise powers included in the power of attorney. 755 ILCS 45/2-10.

IMPORTANT CHANGES TO GUARDIANSHIP LAW
Effective January 1, 2013

http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=84&GA=97&DocTypeId=SB&DocNum=3592&GAID=11&LegID=65471&SpecSess=&Session=

(b-5) Upon the filing of a verified petition by the
		guardian of the disabled person or the disabled person, the
		court may terminate the adjudication of disability of the ward,
		revoke the letters of guardianship of the estate or person, or
		both, or modify the duties of the guardian if: (i) a report
		completed in accordance with subsection (a) of Section 11a-9
		states that the disabled person is no longer in need of
		guardianship or that the type and scope of guardianship should
		be modified; (ii) the disabled person no longer wishes to be
		under guardianship or desires that the type and scope of
		guardianship be modified; and (iii) the guardian of the
		disabled person states that it is in the best interest of the
		disabled person to terminate the adjudication of disability of
		the ward, revoke the letters of guardianship of the estate or
		person, or both, or modify the duties of the guardian, and
		provides the basis thereof. In a proceeding brought pursuant to
		this subsection (b-5), the court may terminate the adjudication
		of disability of the ward, revoke the letters of guardianship
		of the estate or person, or both, or modify the duties of the
		guardian, unless it has been demonstrated by clear and
		convincing evidence that the ward is incapable of performing
		the tasks necessary for the care of his or her person or the
		management of his or her estate.

 


TEMPORARY GUARDIANSHIP


(755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)     Sec. 11a-4. Temporary guardian.     (a) Prior to the appointment of a guardian under this Article, pending an appeal in relation to the appointment, or pending the completion of a citation proceeding brought pursuant to Section 23-3 of this Act, or upon a guardian's death, incapacity, or resignation, the court may appoint a temporary guardian upon a showing of the necessity therefor for the immediate welfare and protection of the alleged disabled person or his or her estate on such notice and subject to such conditions as the court may prescribe. In determining the necessity for temporary guardianship, the immediate welfare and protection of the alleged disabled person and his or her estate shall be of paramount concern, and the interests of the petitioner, any care provider, or any other party shall not outweigh the interests of the alleged disabled person. The temporary guardian shall have all of the powers and duties of a guardian of the person or of the estate which are specifically enumerated by court order. The court order shall state the actual harm identified by the court that necessitates temporary guardianship or any extension thereof.     (b) The temporary guardianship shall expire within 60 days after the appointment or whenever a guardian is regularly appointed, whichever occurs first. No extension shall be granted except: 

        (1) In a case where there has been an adjudication of

disability, an extension shall be granted:

(i) pending the disposition on appeal of an

adjudication of disability;

(ii) pending the completion of a citation

proceeding brought pursuant to Section 23-3;

(iii) pending the appointment of a successor

guardian in a case where the former guardian has resigned, has become incapacitated, or is deceased; or

(iv) where the guardian's powers have been

suspended pursuant to a court order.

(2) In a case where there has not been an

adjudication of disability, an extension shall be granted pending the disposition of a petition brought pursuant to Section 11a-8 so long as the court finds it is in the best interest of the alleged disabled person to extend the temporary guardianship so as to protect the alleged disabled person from any potential abuse, neglect, self-neglect, exploitation, or other harm and such extension lasts no more than 120 days from the date the temporary guardian was originally appointed.

The ward shall have the right any time after the appointment of a temporary guardian is made to petition the court to revoke the appointment of the temporary guardian.  http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500050HArt%2E+XIa&ActID=2104&ChapterID=60&SeqStart=14300000&SeqEnd=17700000

STANDARDS OF PRACTICE FOR GUARDIANSHIP:

Standards state that the guardian is to involve family in decision-making for the ward.

http://www.guardianship.org/documents/Standards_of_Practice.pdf





ILLINOIS GUARDIANSHIP COMMISSION

 Three program Divisions in nine regions throughout the State carry out the responsibilities of the Commission:
       Office of State Guardian (OSG) : Appointed by the courts as a guardian of last resort, the OSG provides case services and money management to more than 5,400 persons with disabilities.

       Legal Advocacy Service (LAS) : LAS represents persons with disabilities at commitment hearings and makes counsel available to enforce the rights of those with disabilities under the Illinois Mental Health and Developmental Disabilities Code and other related laws.

       Human Rights Authority (HRA) : With the assistance of a team of volunteers, the HRA conducts investigations of alleged rights violations by providers against people with disabilities.  Additionally, this program area works closely with providers to help resolve rights issues.

The Human Rights Authority exists to conduct investigations of complaints of violations of the rights of persons with disabilities. Based on early models of a singular regional grassroots program, the Human Rights Authority serves as a statewide framework providing direction and standards for a largely volunteer effort.

http://gac.state.il.us/hra/