- 2018 Posts
- Caregiver Specialist Heather Resnick on Caregiver Support
- Grandparents Raising Grandchildren
- Center Launches North Shore Senior Options
- On Blindness, Alzheimer's and Love
- Shared Vision: Winnetka Congregational Church Woman's Society Benevolence Committee
- Protecting Seniors and Adults with Disabilities: Adult Protective Services
- A Jack of All Trades: Al Davis
- Family Tradition: Gone Fishin'
- Dedicated Volunteer: Fern Kamen
- Generous Soul: Mitchell Slotnick
- Assessing the Older Adult Members of your Family
- Giving Back: Fay Goldblatt
- Adult Protective Services (APS) Program Benefits from Shamrock Shindig
- Humble Beginnings: Bobbi Halloran
+ 2017 Posts
- Arts and Crafts at the Center
- #GivingTuesday at North Shore Senior Center
- Leisure Time Well Spent - Daytrips at the Center
- New Advisory Council Formed
- Playreading with Vivian Mitchel
- North Shore Senior Center's Foundation Board
- Wills vs. Trusts
- Joan Golder Distinguished Senior Lecture Series showcased actor Mike Nussbaum
- 20/20 Corporate Campaign
- Functional Fitness: Training for Everyday Life
- Benefits of Pet Therapy for People with Memory Loss
- Grandparents Raising Grandchildren Benefit from Oktoberfest
- Small Screen Big Stars: Oh What a Night!
- Sharing a Common Thread
- Helping You Make Informed Choices for Care
- 2017 Janet Burgoon Philanthropic Excellence Award for Distinguished Community Partner
- 2017 Janet Burgoon Philanthropic Excellence Award for Dedicated Corporation
- 2017 Janet Burgoon Philanthropic Excellence Award for Outstanding Philanthropist
- Special Needs Trusts
- Gifts in Kind Increase the Center's Impact
- Enrich your Life with Lifelong Learning
- A Little TLC Goes a Long Way
- PEARLS: Reducing Symptoms of Depression Home-based Counseling Services Available
- Big Stars to Chair Annual Benefit
- Evanston Community Foundation
- Million Dollar Round Table Foundation
- Super Senior Day
- New Physical Therapy Services Now Available at North Shore Senior Center!
- Stroke Prevention Tips
- Why Powers of Attorney are Important to You!
- Get Expert Help with Your Tax Returns
- North Shore Senior Center Awarded Gold Status for Philanthropic Efforts
- Fitness as a Goal for Life
- Men's Club Offers Unique Programs to Community
- Spread the Love at North Shore Senior Center
- Jean Griswold Foundation supports House of Welcome Adult Day Services
- "I think a hero is any person really intent on making this a better place for people." - Maya Angelou
- "A true hero isn't measured by the size of his strength, but by the strength of his heart." - Zeus from Hercules
- Winter Safety and Health Tips
- "A hero is someone who has given his or her life to something bigger than oneself." - Joseph Campbell
- A Granddaughter's Love for her Grandmother
- Six Things to Consider Before Making Gifts to Grandchildren
- Lending Closet for Durable Medical Equipment at North Shore Senior Center
- Seniors Can Save Lives by Donating Blood
+ 2016 Posts
- Lifelong Learning Catalog Wins International Award for Best Brochure
- Life Stories are Gifts that Keep on Giving
- Visiting Aging Parents During the Holidays
- Edna Weber Garden of Light Wing at the House of Welcome
- Learn More About What Makes This World Tick
- 60 Years of Service: Advocacy
- 60 Years of Service: Compassion
- Myrna and John Cruikshank, III: Steady and Committed Philanthropists
- Kenilworth United Fund: Longstanding, Civic-Minded Community Partner
- Radford Green at Sedgebrook: Dedicated Corporation and Vested Supporter
- Simple Tips to Improve Your Balance
- 60 Years of Service: Creativity
- Daily Money Management Fosters Peace of Mind
- Opportunities for Learning, Exploring, and Connecting
- The Edna Weber "Garden of Light" Wing
- Protecting Vulnerable Seniors: Adult Protective Services Promotes Quality of Life
- Top Ten Reasons Why Older Adults Continue to Work
- Super Seniors We Admire!
- Scams and Fraud: Protect Yourself
- The State's Devastating Impact on Our Budget
- North Shore Senior Center Southern Hub Moves to Niles
- Alzheimer's Family Support Group
- Evanston Support Group for Family Caregivers
- Family Caregiver Support Group in Skokie
+ 2015 Posts
- Music + Dance + Dialogue = A Musical!
- Flex and Strengthen Your Muscles
- Generous & Caring Corporate Citizen
- More Than Service and Fellowship
- Art Gallery a "Hidden Gem" at North Shore Senior Center
- Sound Off on Hearing Loss
- Making Sense of American Poltics
- Fitness Center Enhances More Than Muscle Strength
- Virtual View of Art: From the Basics to Specialties
- Social Connections are a Key to Successful Aging
- North Shore Senior Center Celebrates Super Seniors!
- Super Senior Spotlight
- What is a Senior Center?
- MDRT Foundation Aids Grandparents Raising Grandchildren Program
- Social Worker Reaches Out to Seniors in Need
- How to Achieve Your Healthiest Brain Yet
- AmazonSmile: Your Online Shopping Can Help NSSC!
+ 2014 Posts
GuardianshipApril 05, 2018
By Kerry R. Peck
What is a Guardian?
A guardian is someone appointed by the court to serve as a representative of a person with a legal disability, including Alzheimer’s disease or dementia. In Illinois, “disability” is defined as a person’s inability to manage one’s person or estate due to “mental deterioration or physical incapacity.” In most states, an individual may be adjudged to have a disability by a court after a competency hearing. If the individual is determined to be disabled in Illinois, the court will appoint a guardian to promote the well-being of the disabled individual, to protect the individual, and to “encourage development of his maximum self-reliance and independence.” The disabled individual is referred to as “the ward.”
Types of Guardianship
In Illinois, if the court adjudges a person to have a disability, the court may appoint (1) a guardian of person, if it has been demonstrated by clear and convincing evidence that because of the disability the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care of person; (2) a guardian of the estate, if it has been demonstrated by clear and convincing evidence that because of the disability the person is unable to manage his estate or financial affairs; or (3) a guardian of person and the estate.
Guardianships are only to be utilized as is necessary to promote the well-being of the person with disabilities; to protect the person from neglect, exploitation, or abuse; and to encourage development of maximum self-reliance and independence. A guardianship will be ordered only to the extent necessitated by the individual’s actual mental, physical, and adaptive limitations.
Guardian of Person
The guardian of the person may:
- make medical decisions
- oversee the residential placement of their ward (with court approval)
- ensure that the ward receives proper professional services
- release medical records and information
The guardian will assist the ward in the development of maximum self-reliance and independence. The guardian of the person may petition the court for an order directing the guardian of the estate to pay an amount periodically for the provision of the services specified by the court order. If the ward’s estate is insufficient to provide for education and the guardian of the ward’s person fails to provide education, the court may award the custody of the ward to some other person for the purpose of providing education. If a person makes a settlement upon or provision for the support or education of a ward, the court may make an order for the visitation of the ward by the person making the settlement or provision as the court deems proper. A guardian of the person may not admit a ward to a mental health facility except at the ward’s request as provided in article IV of the Mental Health and Developmental Disabilities Code and unless the ward has the capacity to consent to such admission as provided in article IV of the Mental Health and Developmental Disabilities Code.
Guardian of the Estate
The guardian of the estate may do the following for the ward:
- make financial decisions
- enter into contracts
- estate planning
- file lawsuits
- sell real estate
- apply for government benefits
The guardian has a fiduciary duty to investigate and pursue eligibility for government benefits to conserve estate assets. In cases involving substantial assets, the court may require (or the family or the parties may request) a corporate guardian of the estate. All of the major banks and many of the mid-tier banks have trust departments that act as guardian of the estate. However, it should be noted that a bank will not act as guardian of the person. To the extent specified in the order establishing the guardianship, the guardian of the estate will be responsible for the care, management, and investment of the estate. In some states, a guardian of the estate is referred to as a conservatorship. The guardian of the estate must manage the estate frugally and apply the income and principal of the estate so far as necessary for the comfort and suitable support and education of the ward, his minor and adult dependent children, and persons related by blood or marriage who are dependent upon or entitled to support from the ward, or for any other purpose that the court deems to be for the best interests of the ward. The guardian may make disbursement of the ward’s funds and estate directly to the ward or other distributee or in such other manner and in such amounts as the court directs.
It is important to note that disability must be assessed according to statutory definitions and cannot be inferred merely from old age. Some people are the subject of guardianship proceedings because their conduct is somewhat contrary to our natural norms of society.
Guardianship can sometimes be necessary in order to protect our loved ones. So while it may seem like a big undertaking, your attorney will help you to navigate through this process, so you can focus on protecting and caring for your loved one.
Kerry R. Peck is the managing partner of the law firm Peck Ritchey, LLC, with offices in Chicago and Northbrook, where he concentrates his practice in Trust and Estate Litigation, Estate Planning, Administration, Guardianship and Fiduciary Litigation, Special Needs and Alzheimer’s Disease Planning. Mr. Peck is past President of the 22,000-lawyer Chicago Bar Association. He was named chair of the State’s Attorney Anita Alvarez’s Elder Abuse Task Force and was retained by the City of Chicago Department of Aging to rewrite the State of Illinois Elder Abuse and Neglect Act. He co-wrote the book Alzheimer’s and the Law, published by the American Bar Association, and frequently teaches attorneys and healthcare professionals across the country.