Guest guest Posted November 21, 2011 Report Share Posted November 21, 2011 Illinois statute require court approval of move into residential. This should have all been explained, including the Annual Report form and process by the Attorney who did the Guardianship. In addition the Attorney should have provided to you Illinois Statutory Short Term and Stand By Guardian Declarations. _____________________________________________________ Rubin* [cid:image003.jpg@...] * Member by invitation of SNA, the Special Needs Alliance. SNA is the national non-profit association of experienced " Special Needs Planning " Attorneys. Rubin is a member of SNA's Board of Directors. Click for more information.<http://www.specialneedsalliance.org/> *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/> Click for more information<http://www.naela.org/> * Rubin has been awarded the dale Hubbell Peer Review<http://martindale.com/> Rating of AV Preeminent, the highest rating given<http://martindale.com/>. Click for more information<http://martindale.com/-N-Rubin/903577-lawyer.htm?view=cr> * Rubin is the President of the Arc of Illinois *For more information about Rubin, please visit www.SNFP.net<http://www.snfp.net/> PLEASE NOTE: The information contained in this transmission is privileged, confidential, and intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this transmission is strictly prohibited. If you received this transmission in error, please notify Rubin by email, delete the message, and destroy and/or deleté the original message and all copies. This message is not intended or written to be used, and may not be used, for the purpose of avoiding any penalties which may be imposed by the I.R.S. From: IPADDUnite [mailto:IPADDUnite ] On Behalf Of Liz Sent: Monday, November 21, 2011 9:29 PM IPADDUnite Subject: Re: Annual Guardian Report - I have a question kind of re: the guardianship report. I know it's too late, but does anybody know if you are supposed to contact the court before your child moves into a facility? Also, when they move out? How about if you find out there's a facility opening, but you're not given a lot of time to decide. Just wanting to know in case there is a next time; also others might want to know this info. Thanks & Happy Thanksgiving Liz Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 22, 2011 Report Share Posted November 22, 2011 As long as you reported the residential placement in the Annual Report, you should be fine. The Statute however does require court approval. 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 10:08 AM IPADDUnite Subject: Re: Annual Guardian Report - Oops! Thank you, . My posting to Liz is incorrect, then. I apologize. Guess I didn't do it right! That is the shortcoming of not using an attorney, though I have to say that the process was easy and the cost savings was substantial. I never heard back from the court after I sent in the last annual guardianship update with Noah's change of living arrangement. , is there anything I should do, or should I just leave it be? Thanks. Ellen Ellen Garber Bronfeld egskb@...<mailto:egskb%40sbcglobal.net> Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 22, 2011 Report Share Posted November 22, 2011 Hi Ellen, The reason a guardian is required to request permission from the court regarding change of placement is to protect the ward or protected person from being placed in an inappropriate placement. I know you are thinking " I'd never place my child in an inappropriate placement " but unfortunately not all guardians are the same. Some, out of desperation or greed, transfer their ward out of their home into an inappropriate placement. Because this is a significant change in circumstances, the court wants to take a look at the change of placement and review the reasons for it, preferably before it happens, to be sure it is an appropriate move. I have, however, petitioned the court after a move was made to ratify the change in placement because placement had to be made quickly or one would lose the 'bed' or due to an emergency. Terrie Varnet From: ELLEN BRONFELD <egskb@...> IPADDUnite Sent: Tuesday, November 22, 2011 11:03 AM Subject: Re: Annual Guardian Report -  I am sure you are supposed to report changes of address and anything else of note to the court, if you are the guardian. I just waited for my annual report, to update Noah's new living arrangements. I didn't figure it mattered all that much for a few months difference in reporting the change. Ellen Ellen Garber Bronfeld egskb@... Quote Link to comment Share on other sites More sharing options...
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