Re: Re: having guardianship papers served

October 21, 2009

I think OHIO is a great state, but their probate law and Illinois Law are

different.

Remember, too, guardsianship does NOT transfer state to state.

This is yet another challenge if you plan a permanent move to a new state.

Illinois law as reflected on the Illinois Public Guardian Website states:

Guardianship is needed when a person is unable to make and communicate

responsible decisions regarding his personal care or finances due to a mental,

physical or developmental disability.

Two basic types of guardianship are " person guardianship " and " estate

guardianship " .

The Illinois Probate Act gives the court the flexibility to tailor guardianship

to meet the needs and capabilities of disabled persons. Depending on the

decision-making capacity of the disabled person, the court can appoint a limited

guardian who is granted the power to make only those decisions about personal

care and/or personal finances that the court specifies. The court can also

appoint a plenary guardian who generally has the power to make all decisions

about personal care and/or finances for the disabled person.

We agree that a person may be able to vote -- BUT it all depends on the person's

ability!

Hence, why I added the caution as people look at this especially for higher

functioning kids, and why I am interested in the reference to the concept of a

health care guardianship as it sounds like yet another option for families and I

can't find it as I look on the web.

So Shirley....help!

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: rams110300 <rams110300@...>

Subject: Re: having guardianship papers served

IPADDUnite

Date: Wednesday, October 21, 2009, 12:12 PM

It is very important to understand what guardianship does and does not do.

1 " ) Guardianship does not interfer with ones privlage to vote.

When I started learning about it. Someone helped me by explaining it as a way to

help/ assit a person in do things. Not taking their rights away from them.

There is a resource in Chicago worth while contacting:

the Illinois Guardianship and Advocacy Commission

http://gac.state. il.us/

DuPage Family Disability Network has had them come out several times for

information sessions.

As well as S at her church.

" If you have a guardian you still have the right to vote! Having a guardian does

not take away your right to vote. www.sos.state. oh.us/SOS/ Upload/publicati

ons/.../rightToV ote.pdf - "

2.) Typically Plenarary, Guardianship of the Person is what is sought for

persons with disabilities, which covers medical and most finacial.

3.) Estate, Person and Estate, If an individual whom you ave seaking

guardianship for has assets under $10,000 and only receives SSI with you as the

Representive payee, or if you already have establish a spesial needs trust there

should be no need for a guardianship of estate. (There is info on the site

http://gac.state. il.us/.)

I hope you find this info helpful. I DID.

I was able to call them when I ran in to areas I needed clairification.

RA

>

> From: Jerue Family <jeruefamily@ comcast.net>

>

> Subject: Re: Re: having guardianship papers served

>

> IPADDUnite@gro ups.com

>

> Date: Wednesday, October 21, 2009, 3:04 PM

>

> , Sandy, Jill and all

>

> I, too, went into a 'funk' for awhile after guardianship proceedings and from

time to time as we've moved along thru the transition-to- work years. It's a

hard adjustment period! Right now the whole family is at a better place since we

incorporated Helper Girl, for all the work it is at least we feel some pride and

sense of accomplishment there. It provides her and me with some needed structure

to our days and weekends, and that's a really good thing when you're living with

. It's not for everyone, but it's been helping us.

>

> And yes, Sandy, it sure would be nice if that 'book' about How to Raise a Kid

with Special Needs included a chapter about this phase of life. There was a time

when if one more well-intentioned soul had told me 'congratulations' or 'oh,

transition is such an EXCITING time' I would have slugged 'em!!! Exciting my

you-know-what! !! Terrifying is more like it.

>

> And yes, Jill, I too am so grateful for this wonderful group. Otherwise I'd be

wandering around my house muttering to myself, never a pretty picture.

>

> Take care,

>

> L.

>

October 21, 2009

All I have to do is read the questions below and I know this is something I'll

need to do for since I don't see him " understanding " this process for many

things.

H.

HOW DOES ONE ASSESS THAT A PERSON MAY BE IN NEED OF GUARDIANSHIP?

The fact that a person has a mental disability does not automatically dictate a

need for guardianship. The test for determining the need for guardianship

focuses on the ability of the person to make decisions and to properly

communicate decisions once made. Making incorrect or ill-advised decisions on a

periodic basis is not the test. Rather, it is an inability to engage in the

decision making in the first place which is important. A practical set of

questions that may be addressed are as follows:

Does the person understand that a particular decision needs to be made?

Does the person understand the options available in any decision?

Does the person understand the consequences of each option?

Is the person able to properly inform appropriate parties once the decision has

been made?

The inability to make sound decisions about where to live, where to work, how

and when to seek medical care or other professional services, how to properly

care for dependents, and how to purchase items like food and clothing is

indication that a person may be in need of some guardianship services

Re: Re: having guardianship papers served

IPADDUnite@gro ups.com

Date: Wednesday, October 21, 2009, 3:04 PM

, Sandy, Jill and all

I, too, went into a 'funk' for awhile after guardianship proceedings and from

ime to time as we've moved along thru the transition-to- work years. It's a

ard adjustment period! Right now the whole family is at a better place since we

ncorporated Helper Girl, for all the work it is at least we feel some pride and

ense of accomplishment there. It provides her and me with some needed structure

o our days and weekends, and that's a really good thing when you're living with

arah. It's not for everyone, but it's been helping us.

And yes, Sandy, it sure would be nice if that 'book' about How to Raise a Kid

ith Special Needs included a chapter about this phase of life. There was a time

hen if one more well-intentioned soul had told me 'congratulations' or 'oh,

ransition is such an EXCITING time' I would have slugged 'em!!! Exciting my

ou-know-what! !! Terrifying is more like it.

And yes, Jill, I too am so grateful for this wonderful group. Otherwise I'd be

andering around my house muttering to myself, never a pretty picture.

Take care,

L.

October 21, 2009

All I have to do is read the questions below and I know this is something I'll

need to do for since I don't see him " understanding " this process for many

things.

H.

HOW DOES ONE ASSESS THAT A PERSON MAY BE IN NEED OF GUARDIANSHIP?

The fact that a person has a mental disability does not automatically dictate a

need for guardianship. The test for determining the need for guardianship

focuses on the ability of the person to make decisions and to properly

communicate decisions once made. Making incorrect or ill-advised decisions on a

periodic basis is not the test. Rather, it is an inability to engage in the

decision making in the first place which is important. A practical set of

questions that may be addressed are as follows:

Does the person understand that a particular decision needs to be made?

Does the person understand the options available in any decision?

Does the person understand the consequences of each option?

Is the person able to properly inform appropriate parties once the decision has

been made?

The inability to make sound decisions about where to live, where to work, how

and when to seek medical care or other professional services, how to properly

care for dependents, and how to purchase items like food and clothing is

indication that a person may be in need of some guardianship services

Re: Re: having guardianship papers served

IPADDUnite@gro ups.com

Date: Wednesday, October 21, 2009, 3:04 PM

, Sandy, Jill and all

I, too, went into a 'funk' for awhile after guardianship proceedings and from

ime to time as we've moved along thru the transition-to- work years. It's a

ard adjustment period! Right now the whole family is at a better place since we

ncorporated Helper Girl, for all the work it is at least we feel some pride and

ense of accomplishment there. It provides her and me with some needed structure

o our days and weekends, and that's a really good thing when you're living with

arah. It's not for everyone, but it's been helping us.

And yes, Sandy, it sure would be nice if that 'book' about How to Raise a Kid

ith Special Needs included a chapter about this phase of life. There was a time

hen if one more well-intentioned soul had told me 'congratulations' or 'oh,

ransition is such an EXCITING time' I would have slugged 'em!!! Exciting my

ou-know-what! !! Terrifying is more like it.

And yes, Jill, I too am so grateful for this wonderful group. Otherwise I'd be

andering around my house muttering to myself, never a pretty picture.

Take care,

L.

October 21, 2009

Ken Popejoy? I used to work for him when he practiced law!!

H.

Re: Re: having guardianship papers served

We had Angel served at home. The deputy came about 6:30am and Angel was still

n bed! We got her up and she just took the papers and handed them to her

addy.

The only negative experience with the court was in the hallway. Angel was

etting anxious and Joe was trying to calm her down (while I had to get one form

illed out, which I didn't know was needed). A deputy 'insisted' that Joe get

ngel calmed down and was threatening him. She was totally clueless and

xpected Joe to explain all about autism in 30 seconds.

The Judge, Judge Popejoy, (he's no longer there) was wonderful. His court

eputy was wonderful too, she offered to run out into the hallway to get us (she

nderstood Angel's needs) and she was very helpful with the missing document we

ad to fill out.

From: teteme55 <teteme@...>

ubject: Re: having guardianship papers served

o: IPADDUnite

ate: Wednesday, October 21, 2009, 10:13 AM

I would agree with and Laurie and Jill about the strain

nd guilt and grief that comes with the whole guardianship/ SSI etc. process.

We live in Cook County and worked with a lawyer. Our lawyer suggested we have

he papers served to at school and his inclusion facilitator, speech

athologist and social worker were with him when he was served. The folks at

chool couldn't have nicer and it worked out well. His IF also told me most of

heir students had the papers served at school and they tried to make it as

ainless for them--and the parents--as possible

is 29 and though it was over 11 years ago, some of the stuff still makes

e sad and angry. Our lawyer told us, especially with autism, it's better to

ring the person to the guardianship hearing--if the judge actually sees the

erson and his functioning- - it would go better. One of our lawyer's

ssistants went with us and Chuck and I decided to take Russ out to lunch after.

e were downtown and thought it would be something fun to look forward to for

ll of us.

Everything was fine in the courtroom. The judge seemed fine, Russ, who is

onverbal, smiled and shook his hand and questions were asked, etc. and then, it

appened--the judge asked us what did. I answered he went to school and

id some custodial work and was a " facer " at a grocery store and then the judge

ut me off-- " no,no, no what does he do--does he have special talents, like

ainman? " Chuck grabbed my hand and actually dug his fingers into my palm

ecause he thought I would start screaming and he would have had to bail me out

or getting thrown into jail for contempt of court! Chuck told him is

he portion of those with autism, in spite of all sort of therapies, who are

lso mentally retarded (let's face it--if he thought all those with autism are

ike Rainman, MR was the term to use!)and blah, blah, blah. The rest was a blur

o me.

After we left the courtroom, our lawyer's assistant APOLOGIZED! She said we were

uppose to get a different judge and their firm had never had this judge. I was

haking and sobbing and actually stroked my hair while I cried. This was

lready difficult but that judge made it worse. Chuck and I got his

endy's--the big guns treat for him--and went home. Both of us were stunned

hat someone could be so ignorant and IN POWER.

That's my tale--wish it was a sweeter one. It certainly is a different one.

Marie

October 21, 2009