In Illinois, parents of a child with a mental illness lose their right to make decisions about their child’s personal care and finances once their child turns 18. After that age, parents can continue making decisions for their child only if they can convince their child to give them that right or they persuade a court to appoint them as their child’s guardian.

Alternatives to Guardianship

Because a guardianship is an extreme intervention into the private life of an individual, requires court supervision, and can be extremely difficult to end, alternatives should be considered:

1. Durable Power of Attorney.  By signing a durable power of attorney [a sample can be found at 755 ILCS (short for Illinois Compiled Statutes, available at www.ilga.gov/legislation/ilcs/ilcs.asp) 45/3-3], your child can authorize you to manage some or all of his or her financial affairs.
2. Power of Attorney for Health Care (also referred to as an “Advance Directive”). By signing a Power of Attorney for Health Care (a sample can be found at 755 ILCS 45/4-10), your child can authorize you to make health care decisions on his or her behalf.
3. Mental Health Treatment Preference Declaration. By signing a Declaration for Mental Health Treatment (a sample can be found at 755 ILCS 43/75), your child can authorize you to make decisions regarding his or her mental health treatment if he or she becomes incapable of giving informed consent.

When a Guardian Can Be Appointed for an Adult Child

That an individual has a mental illness or periodically makes incorrect or ill-advised decisions does not necessarily mean that the individual requires a guardian. Under Illinois law, a court can appoint a guardian for an adult with a mental illness only if, because of the illness, the individual lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her personal care or is unable to manage his or her financial affairs.

In determining whether an individual can make responsible decisions, courts focus on whether the individual can understand that a decision needs to be made, what options are available, and what the consequences of each option are.

Who May Be Appointed as a Guardian

Any individual 18 or older, public agency, or nonprofit corporation able to provide needed services  can be appointed as a guardian to mange an individual’s personal care and financial affairs. A corporation qualified to accept and execute trusts can be appointed as a guardian to manage an individual’s financial affairs but not to make decisions regarding an individual’s personal care.

Types of Guardianships

1. Limited Guardianship. The guardian may make only those decisions about an individual’s personal care and finances as specified by the court order appointing the guardian. The person under guardianship (that person is referred to as a “ward”) may make all other decisions.
2. Plenary Guardianship.  The guardian is authorized to make all important decisions regarding the ward’s personal care and/or finances.
3. Guardianship of the Person. A guardian of the person makes decisions regarding personal affairs, such as the education, housing, and medical care of the ward.
4. 4. Guardianship of the Estate. A guardian of the estate manages a ward’s financial affairs.
5. 5. Guardianship of the Person and Estate. A guardian of the person and estate makes decisions about a ward’s personal care and manages the ward’s financial affairs.
6. 6. Temporary Guardianship. If a guardian is needed in an emergency, a judge  can appoint a temporary guardian without having to hold a hearing. A temporary guardian can serve no more than 60 days.

Whether You Need a Lawyer To Have a Guardian Appointed

Although you don’t need a lawyer to ask a court to appoint a guardian, a lawyer can be helpful if you expect your child to oppose appointment of a guardian or complicated personal or financial issues will have to be explained to a judge. Any lawyer you hire should be experienced in obtaining guardianships.

Procedure for Appointing a Guardian

The following steps have to be taken to appoint a guardian if your child lives in Cook County (similar steps have to be taken in other Illinois counties):

1.   Complete as much as you can of the following Probate Court forms (available at  www.cookcountyclerkofcourt.org) and take them to the Daley Center:

• Report of Physician (CCP 0211), signed by a physician certifying that your child has a mental illness and needs a guardian. The physician and all other professionals whose evaluations are used for the report must have examined your child within three months before the date that you file a petition for guardianship.
  • Probate Division Cover Sheet (CCP 0199).
  • Petition for Appointment of Guardian for Disabled Person (CCP 0200). Five copies are needed.
  • Summons for the Appointment of Guardian for Disabled Person (CCP 0201 A). This form tells your child to appear at a hearing to decide whether a guardian should be appointed. Three double-sided copies are needed.
  • Notice of Rights of Respondent (CCP 0201 C). This form, part of the Summons, gives your child notice of the date, time, and place of the hearing and your child’s legal rights (e.g., your child has the right to be represented by a lawyer of his or her own choosing or a court-appointed lawyer, the right to an independent medical evaluation, and the right to have a jury of six persons hear the case instead of a judge).

2.   File the Petition with the Probate Court Clerk and ask which judge has been assigned to hear the case.

3.   Go to the judge’s courtroom and ask the judge’s clerk to set a date and time for a guardianship hearing. Record that information on the Petition, Summons, and Notice of Rights.

4.   Have the Probate Court Clerk sign the Summons.

5.   Go to the Cook County Sheriffs Office and arrange to have a sheriff deliver the Summons, Petition, and Notice of Rights to your child. It is possible to have someone other than a sheriff make the delivery if you’re concerned that the appearance of a sheriff will upset your child (or want to avoid the cost of having a sheriff make the delivery).

6.   Prepare a Notice of Motion to the Respondent’s Relatives. In this Notice you tell those relatives listed in Exhibit A to the Summons the date, time, and location of the guardianship hearing and that they may participate in the proceedings.

7.   Mail a copy of the Petition and Notice of Motion to each of the relatives listed in Exhibit A to the Summons.

8.   The court will appoint a guardian ad litem (an attorney or person qualified, by training or experience, to work with or advocate for individuals with a mental illness) to meet with your child and testify in court whether or not it would be in your child’s best interests to have a guardian.

9.   Bring the following (forms listed that you have not previously completed are available at www.cookcountyclerkofcourt.org)  to court on the date of the hearing:

• The original and one copy of the Report of Physician (CCP 0211).
• Your copy of the Petition for Appointment of Guardian for Disabled Person.
• The original and one copy of the Order Appointing Guardian Ad Litem for Disabled Person (CCP 0209).
• A blank original of the Order Appointing Plenary Guardian for Disabled Person (CCP 0204).
• A blank original of the Order Appointing Limited Guardian for Disabled Person (CCP 0207).
• The original and one copy of the Oath and Bond of Representative – No Surety (CCP 0313). By signing this form, a person agrees to act as guardian and promises to be responsible for financial damages up to an amount equal to double the value of the ward’s personal estate.
• A copy of the Notice of Motion sent to each relative.

10. You should be prepared to have at least one witness (such as a therapist, nurse, or social worker) testify at the hearing, although witnesses are rarely called in Cook County unless appointment of a guardian is contested or there is some unusual circumstance. The doctor who signs the Report of Physician does have to testify unless the court requires the doctor’s attendance.

Cost of Guardianship Proceedings

Legal fees have to be paid if you hire a lawyer. You have to pay a fee for filing a request for a guardianship and for having a sheriff deliver a summons. Any guardian appointed is entitled to reasonable compensation (which you may have to pay if your child can’t).

The Illinois Mental Health Collaborative (of the Illinois Department of Human Services) has just put out a brand new updated Consumer and Family Handbook. Be sure to check it out as a handy and useful resource for Mental Health Issues:

CLICK HERE for a link to the Booklet

Hugh Brady of NAMI IL recently spoke about the need for everyone’s help to prevent a grave loss of Mental Health services in the State of IL. You can help.

Please read on:

Legislative Update:

Action Needed – ASAP

By Hugh Brady

The Illinois General Assembly will meet for its Fall veto session during the last week of October and the second week of November.  Our legislators must address two important mental health items during these final meetings of 2011:

·        Governor Quinn’s plans to close and restructure state mental hospitals, and

·        The missing $30 million.

We urge every NAMI member will contact their state legislators about these two issues, if possible, before the veto session begins and certainly before it ends.

If you don’t know who your State Legislators are, you can find out through this link:

http://www.elections.il.gov/DistrictLocator/DistrictOfficialSearchByZip.aspx

Once you’re there, type in your Zip Code, or you can also do a search using your home address by clicking on the address tab at the top of the Zip Code page.

Either way, the search program will take you to a page that lists your legislators.  Once you’re there, click on a legislator’s name and you will be taken to a page with their contact information, including the phone number of their local office.

If you write, send copies of your letter to your legislators’ local and Springfield offices.  And if call, remember you probably won’t talk to the legislator him/herself, but will talk with a secretary.  Go ahead and leave a message.

Message for State Representatives:

Governor Quinn has proposed closing 3 state mental hospitals and reducing services at most others.  This will result in a net reduction in acute care beds for non-criminal patients from the current 550 down to 220.  There is no plan to provide services for the people who will be displaced.  There is no additional funding for community mental health service providers to care for the people who will be displaced.  The legislature should insure that there are no closures or reorganization until there is a plan and funding for services for the people who will be displaced.

If you want a snappy conclusion, you might say, “No plan?  No funding?  No closures!”

Message for State Senators:

When you contact your State Senator give him/her the same message you gave your State Representative.  But add:

The Senate must also pass SB (Senate Bill) 2407, including amendments 1 & 2 that the House passed last May.  This bill will transfer $30 million dollars to community mental health services.  That money was inadvertently put on the wrong line in the budget and so appropriated to the wrong department.  SB 2407 and its amendments 1 & 2 simply put the money back where it belongs.  The bill passed the House last May by a vote of 109 to 7.  The Senate should do the same, ASAP!

Once again, please call as soon as you can.  Once the veto session ends on November 10^th it will be too late!  Don’t let these problems go unaddressed because you didn’t talk to your legislators.

Don’t miss the upcoming Public Education Series gathering on NOV 7th 2011.

Hope to greet you there!

Join us in our life-changing FAMILY to FAMILY class.

This is specifically for adults who take care of family members who have a Mental Illness or Brain Disorder: perhaps your young adult child, or your sibling, or your parent, or any other relative who is a dear and important part of your life.

Attend this fascinating day!

IL Mental Health and Justice 2011-conference flyer

Can’t make the MAY 12th MENTAL HEALTH RALLY?

Raise your voice VIRTUALLY!

Can’t make it to Chicago?

You can still support our

MENTAL HEALTH RALLY!

Here’s how you can participate:

Stop by your legislator’s local office, send a fax, send an email, or make a phone call.

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To deliver a letter to your legislator’s local office:

First, figure out who represents you in the state legislature by visiting:

http://www.elections.il.gov/districtlocator/districtofficialsearchbyaddress.aspx

and typing in your home address.

Second, find your representative’s local office by visiting:

http://www.ilga.gov/house/

and clicking on the name of your state legislator.

Third, sign the provided letter and deliver it to your state legislator’s local office.

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To send a fax to your local legislator:

First, figure out who represents you in the state legislature by visiting:

http://www.elections.il.gov/districtlocator/districtofficialsearchbyaddress.aspx

and typing in your home address.

Second, click on the name of your State Senator or State representative and write down the fax

number.

Third, fill out the fax cover sheet, sign the letter on the second page, and send the provided fax

packet.

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To send an email to your local legislator:

First, figure out who represents you in the state legislature by visiting:

http://www.elections.il.gov/districtlocator/districtofficialsearchbyaddress.aspx

and typing in your home address.

Second, find your representative’s email address by visiting:

http://www.ilga.gov/house/

and clicking on the name of your state legislator.

Third, send an email to your state legislator with our provided email packet attached. Be sure to

include your name, address, and phone number in the email!

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To call your local legislator:

First, figure out who represents you in the state legislature by visiting:

http://www.elections.il.gov/districtlocator/districtofficialsearchbyaddress.aspx

and typing in your home address.

Second, click on the name of your State Senator or State representative and write down the

phone number.

Third, call your local legislator and follow the call script provided. Feel free to include any

information from the Mental Health Rally Fact Sheet.

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Call Script:

Say: Hi, may I speak to Senator/Representative ____________?

If your local legislator is not available: Say: May I speak with an aide?

Say: My name is _______. I live in _________. I’m participating in the Mental Health Rally Day and

I’m calling because I’m concerned about mental health services in Illinois. Today, I want to make

sure that you know that I support mental health services, and you, as my legislator, should

support them too.

Say: I’m particularly concerned about the following issues:

Feel free to mention as few or as many issues as you would like.

•  The Governor’s proposed 2012 budget disproportionately cuts community mental health services and will result in higher costs in the future.
  
•  Illinois continues to rely excessively on wasteful and inhumane treatment for persons with mental illnesses in nursing homes. I support a better plan for transitioning nursing home patients to community treatment and both Senate Bills 1982 and 103.
  
•  Mental health patients face greatly reduced numbers of private and public hospital beds, resulting in inadequate medical treatment and burdens to emergency rooms and jails. This raises recidivism rates and the costs of Illinois’s criminal justice system.
  
•  The budget slashes funding for the Illinois Children’s Mental Health Partnership which provides cost‐saving and effective preventive care for children and teens.
  
•  Health insurance companies continue to discriminate against persons facing mental illness.
  
•  Persons with mental illnesses face barriers to appropriate medications. Preferred Drug Lists, burdensome prior authorization requirements, and inadequate Medicaid reimbursement rates prevent proper treatment.
  

Say: Thank you for listening to me about these issues. Good‐bye.

Consider attending this important event and make your voices heard:

Cordially invites YOU to …
ASK & LEARN from the Special Needs Planner

Monday May 16th 2011    7:00 pm – 9:00 pm

Glenview Township Police Department Building

(Community Meeting Room – First Floor) . 2500 East Lake Avenue . Glenview, IL 60026

ASK … and LEARN from the Special Needs Planner

HOW to prepare-and-plan for future care which brings peace of mind to families about the years ahead for loved one with MENTAL DISABILITIES!

Meet … Financial Professional and Guest Speaker … Mary Anne Ehlert, Certified Financial Planner  - President and Founder of Protected Tomorrows, Inc.

Attend an inter-active 8-STEPS SPECIAL NEEDS planning educational seminar.  The upcoming presentation of Bringing You Protected Tomorrows will provide families with uplifting information.  Mary Anne will share how her experiences with her sister and other family members with special needs led her to develop a planning process to help families prepare a Future Care Plan^TM.

Participants will develop the foundation for their family’s own personal Eight Step Future Care Plan^TM.

Some topics of discussion include:

• how to create a map of the future
• how to prepare legally and financially
• how to incorporate and maximize government benefits
• how to prepare for transition
• how to communicate your plan to your family

Monday, May 16, 2011    @ 7 pm – 9 pm

This program is free and open to the public ● Free parking in front of building

********  NEW LOCATION  *******

Glenview Township Police Department Building

(Community Meeting Room – First Floor) . 2500 East Lake Avenue . Glenview, IL 60026

Public Hearing Scheduled for Mar 21, 2011

Consider attending! Let your stories be heard!