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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 […]

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

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

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.

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

A special needs trust (or supplemental needs trust) can help a person with disabilities supplement any benefits they may receive from government programs. With a well-crafted special needs trust, the beneficiary can receive public benefits while receiving funds from the trust at the same time. Special needs trusts come in three main types, but first

As our loved ones age or face medical challenges, questions about future care and legal decision-making become more important. In Illinois, the law offers a powerful planning tool known as standby guardianship, which allows families to prepare for a time when an adult may no longer be able to manage their own personal or financial

When a loved one passes away, the administration of their estate can be complex—especially if they resided in one state but owned property in another. This situation often triggers what’s known as ancillary probate, a secondary legal process to administer the out-of-state property. For example, if someone died while residing in Florida but owned real

One area that causes a lot of confusion regarding Medicaid is the look-back period. What exactly does it mean for applicants? Unlike Medicare, Medicaid is a means-based program. In other words, you are only eligible for Medicaid if you have very few assets. The government does not want you to transfer all your assets on