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
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
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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 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
Two Common Special Needs Trust Mistakes Families Make Read More »
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 »
Research shows that roughly one in seven adults aged 65 or older will need long-term care at some point in their later years. Meanwhile, tens of millions of Baby Boomers in the United States are growing older and living longer. It seems inevitable, then, that the future of long-term care will be undergoing significant changes.
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When a loved one becomes unable to manage their personal care or finances due to disability, the legal system offers a structured path to provide help. But what happens when you need immediate authority—especially during a crisis, or when the disabled adult (called the “respondent”) objects to guardianship? That’s where Temporary Guardianship for Disabled Adults
