Guest guest Posted November 2, 2009 Report Share Posted November 2, 2009 Can the petition for guardianship be filed prior to turning 18 or does it have to be after? My daughter has significant medical issues so I'm concerned about the court date being several weeks after filing. Is temporary guardianship given automatically between filing and the court date or is it another form? Anyone have any suggestions or recommendations about timing? Thank you for your help, Lori Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 2, 2009 Report Share Posted November 2, 2009 Can the petition for guardianship be filed prior to turning 18 or does it have to be after? My daughter has significant medical issues so I'm concerned about the court date being several weeks after filing. Is temporary guardianship given automatically between filing and the court date or is it another form? Anyone have any suggestions or recommendations about timing? Thank you for your help, Lori Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 2, 2009 Report Share Posted November 2, 2009 Lori, deep breath time... We had the sme issues and concerns about our daughter In my experience, I recommend you do nothing on guardianship except research and preparation of documents until your child turns 18. The petition can be filed prior to 18, BUT if the summons is served before your daughter turns 18 it will not be valid. You will have to have her re served and wait until that happens and get a new court date. NO on temporary guardianship being issued between the time you file and the court date. The waltz music is best when played this way.... On the day after your daughter's 18 birthday, file the petition for guardianship as well as summons. File as well for Medicaid and Social Security Income (SSI). Do not do it on her birthday as Medicaid and SSI on her birthday will still show her as a minor PLease do not ask me why or how, it just is As it was explained to me, if you have a medical emergency between time of filing and court date, most hospitals and drs will allow you to sign off as next of kin for your daughter. Plan to avoid any thing elective and even dental surgery prior to getting guardianship. Hope this helps Humbly grateful to be your companion on the journey... Gordon P. Stiefel Phone: 708 246 5151 Fax: 708 246 9144 " All great change in America begins at the dinner table " , Reagan. " Now more than ever, in a world all too often deprived of light and the courage of noble ideals, it is not the time to be ashamed of the Gospel (cf. Rom 1: 16). Rather, it is time to preach it from the rooftops (cf. Mt 10: 27)! " National Meeting of Young Catholics of Switzerland (2004), Address of II .. From: Lori Iverson <lorilists@...> Subject: Guardianship - timing IPADDUnite Date: Monday, November 2, 2009, 7:03 PM Can the petition for guardianship be filed prior to turning 18 or does it have to be after? My daughter has significant medical issues so I'm concerned about the court date being several weeks after filing. Is temporary guardianship given automatically between filing and the court date or is it another form? Anyone have any suggestions or recommendations about timing? Thank you for your help, Lori Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 2, 2009 Report Share Posted November 2, 2009 Lori, deep breath time... We had the sme issues and concerns about our daughter In my experience, I recommend you do nothing on guardianship except research and preparation of documents until your child turns 18. The petition can be filed prior to 18, BUT if the summons is served before your daughter turns 18 it will not be valid. You will have to have her re served and wait until that happens and get a new court date. NO on temporary guardianship being issued between the time you file and the court date. The waltz music is best when played this way.... On the day after your daughter's 18 birthday, file the petition for guardianship as well as summons. File as well for Medicaid and Social Security Income (SSI). Do not do it on her birthday as Medicaid and SSI on her birthday will still show her as a minor PLease do not ask me why or how, it just is As it was explained to me, if you have a medical emergency between time of filing and court date, most hospitals and drs will allow you to sign off as next of kin for your daughter. Plan to avoid any thing elective and even dental surgery prior to getting guardianship. Hope this helps Humbly grateful to be your companion on the journey... Gordon P. Stiefel Phone: 708 246 5151 Fax: 708 246 9144 " All great change in America begins at the dinner table " , Reagan. " Now more than ever, in a world all too often deprived of light and the courage of noble ideals, it is not the time to be ashamed of the Gospel (cf. Rom 1: 16). Rather, it is time to preach it from the rooftops (cf. Mt 10: 27)! " National Meeting of Young Catholics of Switzerland (2004), Address of II .. From: Lori Iverson <lorilists@...> Subject: Guardianship - timing IPADDUnite Date: Monday, November 2, 2009, 7:03 PM Can the petition for guardianship be filed prior to turning 18 or does it have to be after? My daughter has significant medical issues so I'm concerned about the court date being several weeks after filing. Is temporary guardianship given automatically between filing and the court date or is it another form? Anyone have any suggestions or recommendations about timing? Thank you for your help, Lori Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 3, 2009 Report Share Posted November 3, 2009 When my sons were about to turn 18 and one was hospitalized, a nurse asked me if I had guardianship. I didn't even have to answer, because she then said I didn't have to worry about doing it right away, because no one was going to think he was capable of being his own guardian. She added that it was more an issue for someone who seemed more capable. We did get guardianship fairly quickly, but felt comfortable with her explanation. A few days/weeks/months won't make much of a difference for MOST things. Pam Caldwell > > > From: Lori Iverson <lorilists@...> > Subject: Guardianship - timing > IPADDUnite > Date: Monday, November 2, 2009, 7:03 PM > > > > > > > Can the petition for guardianship be filed prior to turning 18 or does > it have to be after? > > My daughter has significant medical issues so I'm concerned about the > court date being several weeks after filing. > > Is temporary guardianship given automatically between filing and the > court date or is it another form? > > Anyone have any suggestions or recommendations about timing? > > Thank you for your help, > Lori > > > > > > > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 3, 2009 Report Share Posted November 3, 2009 When my sons were about to turn 18 and one was hospitalized, a nurse asked me if I had guardianship. I didn't even have to answer, because she then said I didn't have to worry about doing it right away, because no one was going to think he was capable of being his own guardian. She added that it was more an issue for someone who seemed more capable. We did get guardianship fairly quickly, but felt comfortable with her explanation. A few days/weeks/months won't make much of a difference for MOST things. Pam Caldwell > > > From: Lori Iverson <lorilists@...> > Subject: Guardianship - timing > IPADDUnite > Date: Monday, November 2, 2009, 7:03 PM > > > > > > > Can the petition for guardianship be filed prior to turning 18 or does > it have to be after? > > My daughter has significant medical issues so I'm concerned about the > court date being several weeks after filing. > > Is temporary guardianship given automatically between filing and the > court date or is it another form? > > Anyone have any suggestions or recommendations about timing? > > Thank you for your help, > Lori > > > > > > > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 29, 2009 Report Share Posted November 29, 2009 A couple of things said in this email was not correct. You can serve the summons before 18 but the court date has to be after 18.... You cannot file for social security for the 18 year old until the month after the 18th birthday. example.....my son is 18 on Dec. 11....cannot file until Jan. 1 because he was not 18 for the whole month of Dec. Marcia > > > > > > From: Lori Iverson <lorilists@> > > Subject: Guardianship - timing > > IPADDUnite > > Date: Monday, November 2, 2009, 7:03 PM > > > > > > > > > > > > > > Can the petition for guardianship be filed prior to turning 18 or does > > it have to be after? > > > > My daughter has significant medical issues so I'm concerned about the > > court date being several weeks after filing. > > > > Is temporary guardianship given automatically between filing and the > > court date or is it another form? > > > > Anyone have any suggestions or recommendations about timing? > > > > Thank you for your help, > > Lori > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 29, 2009 Report Share Posted November 29, 2009 A couple of things said in this email was not correct. You can serve the summons before 18 but the court date has to be after 18.... You cannot file for social security for the 18 year old until the month after the 18th birthday. example.....my son is 18 on Dec. 11....cannot file until Jan. 1 because he was not 18 for the whole month of Dec. Marcia > > > > > > From: Lori Iverson <lorilists@> > > Subject: Guardianship - timing > > IPADDUnite > > Date: Monday, November 2, 2009, 7:03 PM > > > > > > > > > > > > > > Can the petition for guardianship be filed prior to turning 18 or does > > it have to be after? > > > > My daughter has significant medical issues so I'm concerned about the > > court date being several weeks after filing. > > > > Is temporary guardianship given automatically between filing and the > > court date or is it another form? > > > > Anyone have any suggestions or recommendations about timing? > > > > Thank you for your help, > > Lori > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 29, 2009 Report Share Posted November 29, 2009 Summons service prior to 18 depends on the County. Most Counties require service on or after 18. You also can rely on the provisions of the Illinois Health Care Surrogate Act as parents, or depending on the " child " , Statutory Powers of Attorney. Rubin The Law Offices of Rubin & Associates @... www.Rubin.com (O) 847-279-7999 (F) 847-279-0090 Member by invitation of The Special Needs Alliance (www.specialneedsalliance.org), the national, non-profit association of experienced " Special Needs Planning " Attorneys, as well as a member of NAELA, the National Academy of Elder Law Attorneys (www.NAELA.org). PLEASE NOTE: is out of the office. This message was sent from his BlackBerry. ________________________________ From: IPADDUnite <IPADDUnite > IPADDUnite <IPADDUnite > Sent: Sun Nov 29 17:53:34 2009 Subject: Re: Guardianship - timing A couple of things said in this email was not correct. You can serve the summons before 18 but the court date has to be after 18.... You cannot file for social security for the 18 year old until the month after the 18th birthday. example.....my son is 18 on Dec. 11....cannot file until Jan. 1 because he was not 18 for the whole month of Dec. Marcia > > > > > > From: Lori Iverson <lorilists@> > > Subject: Guardianship - timing > > IPADDUnite <mailto:IPADDUnite%40> > > Date: Monday, November 2, 2009, 7:03 PM > > > > > > > > > > > > > > Can the petition for guardianship be filed prior to turning 18 or does > > it have to be after? > > > > My daughter has significant medical issues so I'm concerned about the > > court date being several weeks after filing. > > > > Is temporary guardianship given automatically between filing and the > > court date or is it another form? > > > > Anyone have any suggestions or recommendations about timing? > > > > Thank you for your help, > > Lori > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 29, 2009 Report Share Posted November 29, 2009 Summons service prior to 18 depends on the County. Most Counties require service on or after 18. You also can rely on the provisions of the Illinois Health Care Surrogate Act as parents, or depending on the " child " , Statutory Powers of Attorney. Rubin The Law Offices of Rubin & Associates @... www.Rubin.com (O) 847-279-7999 (F) 847-279-0090 Member by invitation of The Special Needs Alliance (www.specialneedsalliance.org), the national, non-profit association of experienced " Special Needs Planning " Attorneys, as well as a member of NAELA, the National Academy of Elder Law Attorneys (www.NAELA.org). PLEASE NOTE: is out of the office. This message was sent from his BlackBerry. ________________________________ From: IPADDUnite <IPADDUnite > IPADDUnite <IPADDUnite > Sent: Sun Nov 29 17:53:34 2009 Subject: Re: Guardianship - timing A couple of things said in this email was not correct. You can serve the summons before 18 but the court date has to be after 18.... You cannot file for social security for the 18 year old until the month after the 18th birthday. example.....my son is 18 on Dec. 11....cannot file until Jan. 1 because he was not 18 for the whole month of Dec. Marcia > > > > > > From: Lori Iverson <lorilists@> > > Subject: Guardianship - timing > > IPADDUnite <mailto:IPADDUnite%40> > > Date: Monday, November 2, 2009, 7:03 PM > > > > > > > > > > > > > > Can the petition for guardianship be filed prior to turning 18 or does > > it have to be after? > > > > My daughter has significant medical issues so I'm concerned about the > > court date being several weeks after filing. > > > > Is temporary guardianship given automatically between filing and the > > court date or is it another form? > > > > Anyone have any suggestions or recommendations about timing? > > > > Thank you for your help, > > Lori > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
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