Guardianships and Conservatorships

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GUARDIAN CAN FILE FOR DIVORCE FOR THE WARD

This case considered whether the court should overrule the long-standing case of In re Marriage of Drews, 115 Ill.2d 201 (1986).   The Drews’ case held that a plenary guardian was not able to initiate dissolution of marriage proceedings on behalf of the ward. The answer is ‘yes’.  This court believed that a guardian does have [...]

By | October 25th, 2018|Guardianships and Conservatorships|0 Comments

PROBATE COURT CAN ORDER SUPPORT FOR DISABLED NON-MINOR CHILDREN

  Mother filed a motion in probate court. The parties were already divorced. The probate court had named Mother as the Guardian of the daughter, Denise.  Mother wanted Father to help pay for their soon-to be-adult disabled daughter. Regular child support from Father would be over soon. Father earned about $170,000 annually. Mother earned about [...]

IS SAYING OK THE SAME AS NOT SAYING NO?

Son was not a child from this marriage. Son was the Guardian of the Person and the Estate of his father.  Son filed a petition for dissolution of marriage for his father. The Court granted the divorce. The Court also saved all property issues to be determined. This is called a bifurcated divorce. The Wife’s [...]

By | May 22nd, 2017|Guardianships and Conservatorships|0 Comments

DON’T THINK YOU ARE FOOLING ANYONE BY BEING UNDERHANDED IN COURT

DON’T THINK YOU ARE FOOLING ANYONE BY BEING UNDERHANDED IN COURT This is a guardianship case. The trial court appointed a guardian ad litem to do an investigation. A woman claimed to have powers of attorney (POA) over an 86-year old woman’s estate and healthcare. Had the POA financially exploited the elderly woman? The setting [...]

By | March 10th, 2017|Guardianships and Conservatorships|0 Comments