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OSG Case Law 2004
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ILLINOIS GUARDIANSHIP AND ADVOCACY COMMISSION
OFFICE OF STATE GUARDIAN
MIDWEST UNITED STATES
CASE LAW SUMMARY
Prepared by
JOHN H. WANK
DEPUTY DIRECTOR & GENERAL COUNSEL
ILLINOIS GUARDIANSHIP AND ADVOCACY COMMISSION
DR. MARY L. MILANO
DIRECTOR
October 2004
Chicago General Office
160 North LaSalle Street
Suite S-500
Chicago , Illinois 60601
(312) 793-5900
jwank@gac.state.il.us
For copies of Midwestern case law summaries from prior years and other information, please visit the Commission’s Web Site at http://www.illinois.gov/sites/gac/OSG/
Note: This work was prepared as a guide to guardianship practitioners, and is intended as an informational guide, not as a complete listing of all case law. Before relying on any of the information presented in this summary, users are encouraged to consult with counsel familiar with guardianship law and related legal issues. Although this information is in the public domain, we ask that any references to this Summary contain proper attribution.
State Index
(IL, IN, IA, KS, KY,MI, MN, MS, NE, ND, OH, SD, WI)
Subject Index
Illinois
Collins V. Lake Forets Hosp
In re Estate of Ramlose
Equip For Equality, Inc. v. Ingalls Memorial Hosp.
Indiana
O'Bannon v. Schindler
City of Mishawaka v. Kvale
In re Guardianship of Hickman
Kansas
In re Douglas S. Wright , Attorney, Respondent
In re Estate of Steward
In re of Guardianship and Conservatorship of Miller
Kentucky
Matthew Woods, Deceased, By His Guardian Ad Litem, T. Bruce Simpson, Jr. v. Commonwealth Of Kentucky , Cabinet for Human Resources
Michigan
Jon Houghton, Guardian/Conservator of Joann Houghton Johnson v. Ronald Paul Keller
Minnesota
In re Petition for Disciplinary Action Against Ernest E. Cutting
Missouri
In Re Benson
In the Matter of Erma Z. Oliva, Incapacitated/Disabled, John Oliva, Jr., R.W. Shakelford and Martha Pollard, Limited Guardian and Conservator for Erma Z. Oliva (1,2)
Christian Health Care Of Springfield West Park, Inc. V. Carolyn V. Little, As Guardian and Conservator For Mabel Young and George Young (1,2)
Douglas Weems v. Mary Jean Montgomery (1,2)
Estate of Elliott Rogers, Donna Gardner, Conservator v. Lynne Battista and Christine Rogers (1,2)
In re Estate of Kelton
In re Estate of Werner
Estate of Lofton Croom, Deceased, v. Opal Bailey, et al.
Nebraska
In Re Guardianship And Conservatorship Of Irene M. Gorman
In re Guardianship and Conservatorship of Trobough
In re Conservatorship of Hanson
North Dakota
Linser v. Office of Attorney General, Department of Human Services, et al .
Ohio
In re Guardianship of Schneider
In the Matter of the Guardianship of Dessie Borland
In re Guardianship of Simmons
Carpenter v. Mason
Sovak v. Spivey
In the Matter of the Guardianship of James E. Goins, Jr.
Office of Disciplinary Counsel v. Smith
Office of Disciplinary Counsel V. Shaffer
Guardianship of Katherine A. Guzay, (Ohio Casualty Insurance Co.)
In the Matter of the Guardianship OF Matthew Monus, an Incompetent, In the Matter of the Guardianship of Larry Roth, an Incompetent, In the Matter of the Special Needs Trust of Jeffrey Mandel, In the Matter of the Conservatorship of Aaron Dimont, In the Matter of the Guardianship of Sylvia Estulin, an Incompetent, In the Matter of the Guardianship of Lillian Seif, an Incompetent, Alvin J. Weisberg, Appellant
In re Guardianship of Walther (1,2)
In re Guardianship of Ferranti
Guardianship of Vasko v. Brown
Ferguson v. Walsh
In re Guardianship of Fraser
In re the Guardianship Of Rita Melton
South Dakota
In re Discipline of Laprath
Wisconsin
St. Paul Fire & Marine Ins. Co. v. Keltgen
SUBJECT INDEX
Who May Serve As Guardian
Residential Placement Decisions Made by a Guardian
Marriage and Divorce
End of Life Decision Making
Right of Ward To Contract – Settlement of Cause of Action
Right of Ward To Contract – Pre-Adjudication Nursing Home Contracts
Right of Ward To Contract – Executing Mortgage Agreements to Improve Realty
Initiation of Cause of Action Against Or On Behalf of Estate
Penalties for Breach of Fiduciary Duties – Allegations of Guardian or Attorney Misconduct
Removal of Guardian
Restoration of Legal Rights
Power of Attorney-Guardian Conflicts
Recovery of Estate Assets
Applications for Public Benefits: Medicaid & Special Needs Trusts
Use of Jointly Held and Totten Trust Funds
Death of Ward: Discharge of Guardian & Probating of Ward’s Decedent’s Estate
Fees for Guardians, Guardians ad Litem, and Attorneys
Guardianship Administration Issues: Adjudication of Claims Against Estate of Ward
Protection and Advocacy Issues