Meg and Wes

Meg has been appointed her father’s guardian after his debilitating rock climbing accident.  Before she is allowed to act as his guardian, however, she must purchase a bond to insure that she will faithfully discharge her guardianship duties.

Illinois law usually requires that every individual guardian purchase a “bond,” which is generally an insurance policy complete with premiums to be paid.

A Guardian’s Bond can be a significant expense for Meg, depending on how much personal property Wes owns, which includes all of his money and property except real estate.  Illinois statutes require that the bond be for 1½ times the total value of the personal property subject to guardianship.

The easiest way to avoid the unnecessary premium expense for a bond for guardian was to have planned ahead.  If Wes had previously made a Power of Attorney or other formal document that designated Meg as his preferred guardian and also waived the necessity of bond for her, then Meg would not have to pay a premium for it now from her father’s assets.

Estate planning can avoid certain expenses even during life when you are still around to be affected by how your money is spent.  For help planning your own estate, call our office at (815) 436-1996 for an appointment.

© 2015 Gruber Law Office, Ltd.

Meg has apparently convinced the probate judge that her father, Wes, is incompetent and needs to be taken care of after the injuries of his rock-climbing accident.  Plus, the judge thinks Meg has proved she is the best person to be his guardian.

The judge will now enter an Order declaring that Wes is Meg’s “ward.”  But the order will clearly state the exact scope of Meg’s authority and responsibility to her ward as guardian.

Illinois law requires that a guardian’s authority be limited as much as possible, in order to allow the ward to keep all the authority the judge thinks he is capable of exercising. 

That Order ends the process of being named guardian.  But it is only the beginning of the process of acting as guardian.  Now Meg must learn how to exercise her various guardianship powers in her father’s best interests, not only as determined by her but also as supervised and approved by the probate court.

She has certain bookkeeping and reporting requirements she must meet, going to the probate court for approval regularly. 

Good estate planning can prevent the need for guardianship proceedings in many situations.  For help planning your future and for the future care of your family, please call our office at (815) 436-1996 for an appointment.

©2015 Gruber Law Office, Ltd.

Meg has begun the probate court procedure to be named Wes’ guardian, because his is unable to take care of himself after his rock climbing accident.  After going through several legal requirements, Meg has finally gotten to “court” with her guardianship problem.

Now, with Wes sitting in the courtroom, Meg must persuade the probate judge to agree that Wes is incompetent and needs a guardian.  Wes must also appear and may be questioned by Meg’s attorney, his own court-appointed attorney, or the judge.  And Meg’s own testimony is subject to cross-examination.

Meg must also prove to the judge is that she, his only child, is the best person to be his guardian.  Moreover, Meg must help the judge define exactly what is the minimum amount of authority she as guardian must be given in order to best meet Wes’ needs.

If the judge agrees with Meg, then he will enter an Order appointing Meg guardian.  That order will clearly state the exact scope of her authority and responsibility as guardian.

Proper planning can prevent the need for guardianship proceedings in many situations.  For estate planning help, please call our office at (815) 436-1996 for an appointment.     

©2015 Gruber Law Office, Ltd.

Wes’ rock climbing accident had cost him his ability to take care of himself.  His daughter, Meg, has already taken the first painful step of opening a living probate seeking to be named his guardian in order to manage what Wes can no longer do. 

The Petition she filed alleging he was incompetent and listing her reasons for believing he needs help also had to be served on Wes with a Summons.  Now he is required to appear at the court hearing about whether he really is incompetent, unless the court specifically “excuses” him from it.  Plus, even though he is in no great shape, he must file a legal response.

Because that would be difficult for him, the court will appoint an attorney to serve as Guardian Ad Litem for Wes, called a GAL for short.  The GAL will investigate the situation as needed, so she can file the required legal response on Wes’ behalf.

The GAL also makes sure that Wes is notified of his rights in the probate proceeding started by Meg and appears at the ultimate competency hearing too.

Guardianship proceedings can often be prevented with good estate planning.  For help planning your future, call our office at (815) 436-1996 for an appointment.

© 2015 Gruber Law Office, Ltd

Wes was 52, at the pinnacle of his career as a corporate executive.  But tragedy was lurking around the corner, and an unusual rock-climbing accident cost him not his life, but rather certain key parts of his brain function.

His superior memory for details was gone, and so was most of his ability to analyze and process the world around him.  He turned into a troubled old man almost overnight. 

His daughter, Meg, mourned as she clearly saw what the doctors told her.  Her father was now incompetent to take care of himself; he couldn’t pay his bills, remember how to get to the corner grocery store, or even count his change.

So Meg realized she, his only child, should take care of him.  But then she discovered she would have to go to probate court in order to be able to pay his bills with his own money. 

Since she cannot pay his bills without his money (she’s not at the pinnacle of her career yet, not to mention her children’s needs), Meg has to enter into a living probate for her father and be officially named his guardian, which is just a start of the necessary court proceedings.

Estate planning isn’t only for death situations.  It can help prevent court proceedings during life, too.  To plan for your future, call our office at (815) 436-1996 for an appointment.

© 2015 Gruber Law Office, Ltd