Guest guest Posted November 21, 2011 Report Share Posted November 21, 2011 Ellen and all I have some guardianship questions. Ellen, could you share the form you use for Cook county? Do you go with a lawyer? What are the differences between requirements for different counties? Thanks Nora Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 22, 2011 Report Share Posted November 22, 2011 Nora: My husband actually did the guardianship filing, so, I will have to ask him what it entailed...I just remember trooping into court, downtown, with Noah and hubby...we had a lovely Judge who was very respectful...she asked Noah whether he wanted us to be his guardian. He said yes, because he is capable of answering some yes/no questions...and that was about it. We did not use an attorney. I cannot remember, but, I think we were sent a form from the court that is to be used annually...it is a two-pager. I made a bunch of copies and I fill it out and mail it every year in June, the month that we originally went to court. When my husband gets home, I will ask him if he can scan the document and then I can send you a copy if you would like. Here is the very comprehensive website for guardianship in Cook County: http://gac.state.il.us/guardfaq.html Ellen Garber Bronfeld egskb@... Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 22, 2011 Report Share Posted November 22, 2011 I forgot to address one other question that Nora had about the differences for filing guardianship in different counties...perhaps or Teri can address that. I really don't know, though it seems that DuPage has a longer form, requesting more details, for annual reporting. Ellen Ellen Garber Bronfeld egskb@... Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 22, 2011 Report Share Posted November 22, 2011 " Annual " reporting on Guardianship of the Person, that is, no assets other than SSI, is optional with the Counties. Some require annual and some require the form filed every 2 or 3 years, and some never. Some require moving the Guardianship if the child moves out of the County and others do not. You should also seek advice from an attorney knowledgeable with Adult Guardianships in the county of your residence. Rubin<mailto:brian@...>* [cid:image003.jpg@...]<http://www.rubinlawcorp.com/> * President, The Arc of Illinois 2011-2013 * Member by invitation of the Special Needs Alliance (web site<http://www.specialneedsalliance.org/>). The SNA is the national non-profit association of experienced " Special Needs Planning " Attorneys. Rubin is a member of SNA's Board of Directors. * Member of the Special Needs Law Steering Committee of NAELA,<http://www.naela.org/>the National Academy of Elder Law Attorneys. <http://www.naela.org/> * Was a Charter Member of the Academy of Special Needs Planners * Has been awarded the dale Hubbell Peer Review<http://martindale.com/> Rating of AV Preeminent, the highest rating given<http://martindale.com/>. * For more information about Rubin, please visit our web site<http://www.rubinlawcorp.com/>. Notices: 1. This message does not create an attorney-client relationship, and is not legal advice absent such a relationship with the recipient. This message may contain confidential information protected by the attorney-client and/or work product privilege. The information is only for the use of the intended recipient. If you are not such recipient, disclosure, copying, distribution or reliance upon this e-mail is strictly prohibited. If you have received this transmission in error, please notify the offices of Rubin Law, A Professional Corporation by e-mail and destroy the original message and all copies. 2. IRS CIRCULAR 230 NOTICE: TO THE EXTENT THAT THIS MESSAGE OR ANY ATTACHMENT CONCERNS TAX MATTERS, IT IS NOT INTENDED TO BE USED AND CANNOT BE USED BY A TAXPAYER FOR THE PURPOSE OF AVOIDING PENALTIES THAT MAY BE IMPOSED BY LAW. 3. Disclaimer Regarding Electronic Signature. If this communication concerns negotiation of a contract or agreement, electronic signature rules do not apply to this communication: contract formation in this matter shall occur only with manually-affixed original signatures on original documents. The Signature given hereon is not an electronic signature and is provided only for the purposes of providing information as to the identity of the sender and for no other purpose(s) whatsoever. From: IPADDUnite [mailto:IPADDUnite ] On Behalf Of ELLEN BRONFELD Sent: Tuesday, November 22, 2011 10:11 AM IPADDUnite Subject: Re: Guardianship I forgot to address one other question that Nora had about the differences for filing guardianship in different counties...perhaps or Teri can address that. I really don't know, though it seems that DuPage has a longer form, requesting more details, for annual reporting. Ellen Ellen Garber Bronfeld egskb@...<mailto:egskb%40sbcglobal.net> Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 27, 2011 Report Share Posted November 27, 2011 Hi Nora,   In most counties, one would only apply for a guardianship of the person and the estate if the disabled individual was unable to make personal decisions on his/her own behalf AND s/he had income, money or assets held in his/her own name. However there are a few counties in IL which require guardian of the person and estate when the disabled individual's only source of income is SSI or SSDI. In these counties, the court wants an accounting as to how the SSA funds were used.  Without knowing where your two brothers live or the circumstances concerning your two brothers financial situation, it is difficult to answer your question. Terrie Varnet From: Nora <Handler55@...> ipaddunite Sent: Sunday, November 27, 2011 8:33 AM Subject: guardianship  My sister is the guardian of the estate and the person for 2 of our brothers. Is that uncommon? Nora Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 28, 2011 Report Share Posted November 28, 2011 If there are assets in a Guardianship of the Estate, then those assets are a resource and disqualify for Medicaid. A petition should be presented to move those assets to an OBRA Trust, either a d4A (private one) drafted by an attorney, or a d4C (Pooled Trust Version) operated by Not For Profits, such as Nixon at Life's Plan, in order to be eligible for Medicaid. is on this List Serve. Rubin<mailto:brian@...>* [cid:image003.jpg@...]<http://www.rubinlawcorp.com/> * President, The Arc of Illinois 2011-2013 * Member by invitation of the Special Needs Alliance (web site<http://www.specialneedsalliance.org/>). The SNA is the national non-profit association of experienced " Special Needs Planning " Attorneys. Rubin is a member of SNA's Board of Directors. * Member of the Special Needs Law Steering Committee of NAELA,<http://www.naela.org/> the National Academy of Elder Law Attorneys. <http://www.naela.org/> * Was a Charter Member of the Academy of Special Needs Planners * Has been awarded the dale Hubbell Peer Review<http://martindale.com/> Rating of AV Preeminent, the highest rating given<http://martindale.com/>. * For more information about Rubin, please visit our web site<http://www.rubinlawcorp.com/>. Notices: 1. This message does not create an attorney-client relationship, and is not legal advice absent such a relationship with the recipient. This message may contain confidential information protected by the attorney-client and/or work product privilege. The information is only for the use of the intended recipient. If you are not such recipient, disclosure, copying, distribution or reliance upon this e-mail is strictly prohibited. If you have received this transmission in error, please notify the offices of Rubin Law, A Professional Corporation by e-mail and destroy the original message and all copies. 2. IRS CIRCULAR 230 NOTICE: TO THE EXTENT THAT THIS MESSAGE OR ANY ATTACHMENT CONCERNS TAX MATTERS, IT IS NOT INTENDED TO BE USED AND CANNOT BE USED BY A TAXPAYER FOR THE PURPOSE OF AVOIDING PENALTIES THAT MAY BE IMPOSED BY LAW. 3. Disclaimer Regarding Electronic Signature. If this communication concerns negotiation of a contract or agreement, electronic signature rules do not apply to this communication: contract formation in this matter shall occur only with manually-affixed original signatures on original documents. The Signature given hereon is not an electronic signature and is provided only for the purposes of providing information as to the identity of the sender and for no other purpose(s) whatsoever. From: IPADDUnite [mailto:IPADDUnite ] On Behalf Of Nora Sent: Monday, November 28, 2011 8:54 AM IPADDUnite Subject: guardainship My brothers both lived in Cook County when my sister took over. They do have assets, a trust that is not a special needs trust and a court structured annunity from the settlement of a malpractice suit. So I guess that explains why she is also guardian of the estate. If there are other guardians of the estate on this list I would love to hear how you handle the finiancial accounting, especially if you are doing it on your own without a lawyer. No offense to the fine attorneys on this list but we are in the position of having too much money but not enough and are trying to save money. Thanks for all the help. Nora Digest Number 2127 IPADDUnite Messages In This Digest (2 Messages) 1.1. guardianship From: Nora 1.2. Re: guardianship From: Theresa Varnet View All Topics | Create New Topic Messages 1.1. guardianship Posted by: " Nora " Handler55@...<mailto:Handler55%40aol.com> norahandler2001 Sun Nov 27, 2011 5:33 am (PST) My sister is the guardian of the estate and the person for 2 of our brothers. Is that uncommon? Nora Quote Link to comment Share on other sites More sharing options...
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