Illinois Guardianship Law Articles

There are instances where both parents may not be able to take care of a child. In these instances, another person, many times family members or friends, can ask a court to grant them legal authority to take care of a child and make decisions for them. Under Iowa law, this person tasked with taking care of the child is called a guardian. 

In this article, we discuss the necessity of legal expertise when applying for Medicaid and the common mistakes that applicants make when completing the process independently. We will answer the following questions: should I plan for nursing home assistance?, are my finances reviewed to determine Medicaid eligibility?, what if I need Medicaid eligibility now for nursing home costs?, what happens if I need to appeal a Medicaid denial?, and can I complete my Medicaid application by myself?

The baseline rule is that the disabled adult’s home state has jurisdiction over the guardianship proceeding. The disabled adult’s home state is defined as a state in which the disabled adult was physically present for at least six consecutive months immediately prior to the filing of the guardianship proceeding. A temporary absence counts toward this six month period. If the disabled adult does not have a “home state” because he or she has not lived in the same state for six consecutive months prior to filing the guardianship proceeding a state with a significant connection to the disabled adult may assert jurisdiction.

A treatment plan is a detailed document that the facility must create within the first three days upon admittance of a patient that has been involuntarily committed. Treatment plans are shaped to each patient’s needs, therefore they vary from person to person. Once the treatment plan is complete (which should be in the first three days), the facility is obligated to give you a copy of the entire plan. 

In this article, we explain, How to transfer guardianship proceedings to another state. When a guardianship is being transferred, it is required that all interested parties are notified of the transfer. Interested parties could include close family, heirs of the estate, and perhaps even creditors.The purpose of this notice is to keep interested parties informed regarding the current care arrangements and living situation of a minor or disabled individual. The requirement also serves as an additional level of protection as it deters guardianship transfers with ill intent.

In this article, we discuss the necessity of legal expertise when applying for Medicaid and the common mistakes that applicants make when completing the process independently. We will answer the following questions: should I plan for nursing home assistance?, are my finances reviewed to determine Medicaid eligibility?, what if I need Medicaid eligibility now for nursing home costs?, what happens if I need to appeal a Medicaid denial?, and can I complete my Medicaid application by myself?

In this article, we will discuss the basics of guardianships for disabled adults in Indiana, and answer the following questions: what is a guardian?, what are the responsibilities of a guardian?, what level of authority is given to an Indiana guardian for a disabled adult?, what rights does the disabled adult retain regardless of the guardian’s authority?, can guardianships for disabled adults be modified or terminated in Indiana?, and what alternatives to guardianships are available in Indiana?

The baseline rule is that the disabled adult’s home state has jurisdiction over the guardianship proceeding. The disabled adult’s home state is defined as a state in which the disabled adult was physically present for at least six consecutive months immediately prior to the filing of the guardianship proceeding. A temporary absence counts toward this six month period. If the disabled adult does not have a “home state” because he or she has not lived in the same state for six consecutive months prior to filing the guardianship proceeding a state with a significant connection to the disabled adult may assert jurisdiction.