Fw: The Law for Children and Adults with Disabilities, April 2010

[Guest guest]

Farley, Esq., November 2009 EnewsletterFYI

Ellen Garber Bronfeld

egskb@...

The Law for Children and Adults with Disabilities, April 2010

Click to view this enewsletter in a browser

April, 2010

Inside This Issue:

a.. Guardianship

b.. Workshops for Parents & Agencies Assisting / Serving

Developmentally Disabled Persons

. . . . . . . . . . . . . . . . . . . . . .

Attorney H. Farley, Jr. is available to speak to parents,

groups and agencies at no charge. Use the contact form on our website to request

a speaking engagement now.

. . . . . . . . . . . . . . . . . . . . . .

H. Farley, Esq.

1155 S. Washington St., Ste. 201

Naperville, IL 60540

Telephone: 630-369-0103

Fax: 630-369-0195

Visit our website for more information: www.farley1.com

. . . . . . . . . . . . . . . . . . . . . .

Forward The Law for Children and Adult with Disabilities to a friend

or loved one

Visit our website now to subscribe to this E-newsletter.

GUARDIANSHIP

In Illinois, the law considers a “disabled person†to be a

person 18 years or older, who because of mental retardation or mental illness,

or physical incapacity or developmental disability, is unable to fully manage

his or her own personal or financial affairs in a safe manner and is therefore

in need of a guardian.

The court may appoint a “guardian of the person†or a

“guardian of the estate†or appoint both, a “guardian of the person and

estate.†A guardian of the person refers to the authority of the guardian to

make decisions concerning the personal and physical care of the disabled person,

including health care decisions and living arrangements. A guardian of the

estate refers to the authority of the guardian to handle the money, property,

bills and other financial affairs of the “disabled person.â€

Frequently Asked Questions:

Q. What Happens If I Don’t Obtain Guardianship Over My Disabled

Adult Son or Daughter?

A. With respect to medical care, sometimes doctors and hospitals

will accept the consent of the parents, but this does not always happen. With

respect to living and social arrangements, if a “friend†or “strangerâ€

persuades the disabled person to socialize or live with them, generally law

enforcement will honor the desires of the disabled person if there has been no

guardian of the person appointed. Without appointment of a guardian, all the

parents can do is try to persuade their adult child to choose differently.

Q. If My Developmentally Disabled Adult Son Or Daughter Gives Me

“Power Of Attorney,†Will This Avoid The Need For Guardianship?

A. No. Many parents have incorrectly been told to get “power of

attorney†from their disabled child. In order for a power of attorney to be

valid, the person granting or signing the power must have the legal capacity to

consent and fully understand what he or she is doing, which generally does not

exist for a person who is developmentally disabled. Even assuming that the

developmentally disabled person is high functioning and has some capacity to

consent, that person would also have the right to cancel or revoke the power at

anytime in the future.

Q. If I Am Appointed Guardian, Will I Be Responsible To Pay The

Disabled Person’s Bills Out Of My Funds?

A. No. You are not responsible to pay any debts from your own

assets.

For more on guardianship in Illinois, including sample completed

forms for Appointment of Guardian in a County in Illinois, visit our website.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. . . . . . . . . .

Workshops for Parents & Agencies Assisting â„ Serving

Developmentally Disabled Persons

All Workshops Are Offered Free Of Charge

Location:

Naperville Public Library

(95th Street Location)

3015 Cedar Glade Drive

Naperville, IL 60565

Please RSVP at farleylaw@... or by calling 630-369-0103.

Presenters: Attorneys H. Farley, Jr. and Cahill.

April 21, 2010 (Wednesday, 6:30 p.m - 8:00 p.m.)

and

May 5, 2010 (Wednesday, 10:00 a.m - 12:00 noon)

1.. Why is it essential to get on the State of Illinois “Waiting

List?â€

2.. What services are available for your child from the State of

Illinois. (services are available in addition to special education)

3.. Guardianship - how to obtain guardianship / is guardianship

necessary?

4.. Special Needs Trusts.

5.. Applying for SSI Benefits at age 18.

6.. Special education law.

7.. Update on current litigation in Illinois on behalf of disabled

persons & how it will affect your child.

8.. Strategies to obtain funding for disability services &

overcome those persons who tell you that you cannot succeed because you are not

an emergency.

Attorney H. Farley, Jr. is available to speak to parents,

groups and agencies at no charge. Contact the law office by email at

farleylaw@... or call 630-369-0103.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. . . . . . . . . .

E-newsletter development by CCS

--------------------------------------------------------------------------------

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message with " Unsubscribe " in the subject line or simply click on the following

link: Unsubscribe

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H. Farley, Jr., Attorney at Law

1155 S. Washington Street, Suite 201

Naperville, IL 60540

Read the VerticalResponse marketing policy.

[Guest guest]

Farley, Esq., November 2009 EnewsletterFYI

Ellen Garber Bronfeld

egskb@...

The Law for Children and Adults with Disabilities, April 2010

Click to view this enewsletter in a browser

April, 2010

Inside This Issue:

a.. Guardianship

b.. Workshops for Parents & Agencies Assisting / Serving

Developmentally Disabled Persons

. . . . . . . . . . . . . . . . . . . . . .

Attorney H. Farley, Jr. is available to speak to parents,

groups and agencies at no charge. Use the contact form on our website to request

a speaking engagement now.

. . . . . . . . . . . . . . . . . . . . . .

H. Farley, Esq.

1155 S. Washington St., Ste. 201

Naperville, IL 60540

Telephone: 630-369-0103

Fax: 630-369-0195

Visit our website for more information: www.farley1.com

. . . . . . . . . . . . . . . . . . . . . .

Forward The Law for Children and Adult with Disabilities to a friend

or loved one

Visit our website now to subscribe to this E-newsletter.

GUARDIANSHIP

In Illinois, the law considers a “disabled person†to be a

person 18 years or older, who because of mental retardation or mental illness,

or physical incapacity or developmental disability, is unable to fully manage

his or her own personal or financial affairs in a safe manner and is therefore

in need of a guardian.

The court may appoint a “guardian of the person†or a

“guardian of the estate†or appoint both, a “guardian of the person and

estate.†A guardian of the person refers to the authority of the guardian to

make decisions concerning the personal and physical care of the disabled person,

including health care decisions and living arrangements. A guardian of the

estate refers to the authority of the guardian to handle the money, property,

bills and other financial affairs of the “disabled person.â€

Frequently Asked Questions:

Q. What Happens If I Don’t Obtain Guardianship Over My Disabled

Adult Son or Daughter?

A. With respect to medical care, sometimes doctors and hospitals

will accept the consent of the parents, but this does not always happen. With

respect to living and social arrangements, if a “friend†or “strangerâ€

persuades the disabled person to socialize or live with them, generally law

enforcement will honor the desires of the disabled person if there has been no

guardian of the person appointed. Without appointment of a guardian, all the

parents can do is try to persuade their adult child to choose differently.

Q. If My Developmentally Disabled Adult Son Or Daughter Gives Me

“Power Of Attorney,†Will This Avoid The Need For Guardianship?

A. No. Many parents have incorrectly been told to get “power of

attorney†from their disabled child. In order for a power of attorney to be

valid, the person granting or signing the power must have the legal capacity to

consent and fully understand what he or she is doing, which generally does not

exist for a person who is developmentally disabled. Even assuming that the

developmentally disabled person is high functioning and has some capacity to

consent, that person would also have the right to cancel or revoke the power at

anytime in the future.

Q. If I Am Appointed Guardian, Will I Be Responsible To Pay The

Disabled Person’s Bills Out Of My Funds?

A. No. You are not responsible to pay any debts from your own

assets.

For more on guardianship in Illinois, including sample completed

forms for Appointment of Guardian in a County in Illinois, visit our website.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. . . . . . . . . .

Workshops for Parents & Agencies Assisting â„ Serving

Developmentally Disabled Persons

All Workshops Are Offered Free Of Charge

Location:

Naperville Public Library

(95th Street Location)

3015 Cedar Glade Drive

Naperville, IL 60565

Please RSVP at farleylaw@... or by calling 630-369-0103.

Presenters: Attorneys H. Farley, Jr. and Cahill.

April 21, 2010 (Wednesday, 6:30 p.m - 8:00 p.m.)

and

May 5, 2010 (Wednesday, 10:00 a.m - 12:00 noon)

1.. Why is it essential to get on the State of Illinois “Waiting

List?â€

2.. What services are available for your child from the State of

Illinois. (services are available in addition to special education)

3.. Guardianship - how to obtain guardianship / is guardianship

necessary?

4.. Special Needs Trusts.

5.. Applying for SSI Benefits at age 18.

6.. Special education law.

7.. Update on current litigation in Illinois on behalf of disabled

persons & how it will affect your child.

8.. Strategies to obtain funding for disability services &

overcome those persons who tell you that you cannot succeed because you are not

an emergency.

Attorney H. Farley, Jr. is available to speak to parents,

groups and agencies at no charge. Contact the law office by email at

farleylaw@... or call 630-369-0103.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. . . . . . . . . .

E-newsletter development by CCS

--------------------------------------------------------------------------------

If you no longer wish to receive these emails, please reply to this

message with " Unsubscribe " in the subject line or simply click on the following

link: Unsubscribe

--------------------------------------------------------------------------------

H. Farley, Jr., Attorney at Law

1155 S. Washington Street, Suite 201

Naperville, IL 60540

Read the VerticalResponse marketing policy.