Every adult is assumed to be capable of making their own decisions unless a court determines otherwise. If an adult becomes incapable of making responsible decisions, the court will appoint a substitute decision maker, usually called a guardian or conservator, depending on the state. What Is Guardianship of an Adult? Adult guardianship is a legal […]
The Ins and Outs of Guardianship and Conservatorship Read More »
The transfer of real property following a person’s death is often one of the most significant aspects of probate administration in Illinois. Family homes, rental properties, farmland, vacation homes, and commercial real estate frequently represent the largest and most emotionally significant assets in a decedent’s estate. Whether the decedent died with a valid will or
When a loved one passes away, disputes often arise over tangible personal property items with sentimental or practical value. Jewelry, furniture, family heirlooms, collectibles, vehicles, artwork, and household goods frequently become the subject of disagreement among heirs and legatees. In Illinois, the distribution of tangible personal property depends largely on whether the decedent died with
After decades of handling our daily personal care needs without giving them a second thought, it is hard to imagine needing help with these tasks. However, research shows that about one in seven adults aged 65 or older will need help with daily care. Help with daily personal care is referred to as long-term care
Planning for Long-Term Care Read More »
If you plan to move states, can you take your Medicare or Medicaid plans with you? The answer depends on whether you have original Medicare, Medicare Advantage, or Medicaid. Medicare is a federal health insurance program primarily for individuals aged 65 and older. However, it also covers certain younger people with qualifying disabilities or other
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When a loved one suddenly loses the ability to make safe decisions due to illness, injury, or another urgent situation, waiting for a long term guardianship proceeding may not be feasible. In these circumstances, Illinois law allows courts to appoint a temporary guardian to address immediate needs and protect the individual until a long term
Temporary Guardianship in Illinois Read More »
When managed correctly, a special needs trust (SNT) can help a person with a disability cover certain expenses while keeping their Medicaid and Supplemental Security Income (SSI) benefits. Managing an SNT takes knowledge and care. A trustee, who is responsible for making distributions from the trust and handling other financial decisions, may be a family
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A guardian of the person is appointed to make personal, non-financial decisions for a disabled adult (the “person under guardianship” or “ward”). This role is separate from a guardian of the estate, who manages finances. Guardians of the person are fiduciaries. You must act in good faith, exercise reasonable care, and make decisions that prioritize
Tips for Acting as Guardian of the Person in Illinois Read More »
When an older adult with dementia or another cognitive disability can no longer make important decisions for themselves, such as how to manage their money or what kind of care they need, a trusted person may have to step in and make these decisions for them. If the incapacitated older adult has a valid health
Overcoming Challenges in Adult Guardianship Cases Read More »
People with special needs may qualify for a variety of government benefits, including Medicaid and Medicare. It can be difficult to tell the two programs apart, especially because their names are so similar. However, Medicaid and Medicare, which account for the lion’s share of federal spending on health care, are dramatically different programs with different
Medicaid vs. Medicare – What’s the Difference? Read More »
