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Death and Taxes - The Blog: Powers of Attorney and Living Wills
Discusses case of IREO Doyle
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The majority ignored the question of Mrs. Doyle's attempted revocation, finding instead that the court had "implicitly revoked" the power of attorney under a provision in the Power of Attorney Act (755 ILCS 45/2-10) allowing an agent to be removed for cause.
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755 ILCS 5/11a Probate Act of 1975.
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Sec. 11a‑4.
Temporary guardian.
Prior to the appointment of a guardian
under this Article, pending an appeal in relation to the
appointment, or
pending the
completion of a citation proceeding brought pursuant to Section 23‑3 of this
Act,
the court may appoint a temporary guardian upon a showing of the necessity
therefor for the immediate welfare and protection of the alleged
disabled person or his estate
on such notice and subject to such conditions as the court may prescribe.
In determining the necessity for temporary guardianship, the immediate
welfare and protection of the alleged disabled person and his or her estate
shall be
of paramount concern, and the interests of the petitioner, any care provider,
or any other party shall not outweigh the interests of the alleged disabled
person.
The temporary guardian shall have all of the powers and duties of a guardian
of the person or of the estate which are specifically enumerated by court
order. The court order shall state the actual harm identified by the court
that necessitates temporary guardianship. The temporary guardianship shall
expire within 60 days after the
appointment or whenever a guardian is regularly appointed, whichever occurs
first.
Except pending the disposition on appeal of an adjudication of disability, no
extension shall be granted.
However, the ward shall have the right any time after the appointment
of a temporary guardian is made to petition the court to revoke the appointment
of the temporary guardian.
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(e) Absent court order pursuant to the Illinois Power of Attorney
Act directing a guardian to exercise
powers of the principal under an agency that survives disability, the
guardian will have no power, duty or liability with respect to any property
subject to the agency. This subsection (e) applies to all agencies,
whenever and wherever executed.
- 2 more annotations...
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Medicare.gov - Alternatives to Nursing Home Care: About Social Managed Care Plan
No PACE program in Illinois. This other alternative, Social Managed Care Plan, tends to require Medicare A and B and there are four providers. Would it cover part of a Margaret arrangement?
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Login - Blue Access for Members - Blue Cross Blue Shield of Illinois
u pzelchenko (for Phyllis), azelchenko (for Alex)
p l4...
e pete@zelchenko.com -
755 ILCS 45/ Illinois Power of Attorney Act.
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Sec. 2‑10.
Agency‑court relationship.
Upon petition by any interested
person (including the agent), with such notice to interested persons as the
court directs and a finding by the court that the principal
lacks the capacity to control or revoke the agency: (a) if the court finds
that the agent is not acting for the benefit of the principal in accordance
with the terms of the agency or that the agent's action or inaction has
caused or threatens substantial harm to the principal's person or property
in a manner not authorized or intended by the principal, the court may
order a guardian of the principal's person or estate to exercise any powers
of the principal under the agency, including the power to revoke the
agency, or may enter such other orders without appointment of a guardian as
the court deems necessary to provide for the best interests of the
principal; or (b) if the court finds that the agency requires
interpretation, the court may construe the agency and instruct the agent,
but the court may not amend the agency. Absent court order directing a
guardian to exercise powers of the principal under the agency, a guardian
will have no power, duty or liability with respect to any property subject
to the agency or any personal or health care matters covered by the agency.
Proceedings under this Section shall be commenced in the county where the
guardian was appointed or, if no Illinois guardian is acting, then in the
county where the agent resides or, if the agent does not reside in
Illinois, then in any county.
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DURABLE POWERS OF ATTORNEY AND THE DISABLED WHO’S WATCHING?
Emphasizes that agencies tend to trump guardianships, and that absent allegations of acting against the principal's interests, courts will not mess with a POA. Detail on 2-10; who has standing to contest.
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specifically grants “interested persons” standing
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755 ILCS 45/2-10
- 3 more annotations...
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755 ILCS 5/ Probate Act of 1975.
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(755 ILCS 5/23‑2)(from Ch. 110 1/2, par. 23‑2)
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(755 ILCS 5/23‑3)(from Ch. 110 1/2, par. 23‑3)
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Some doctors warn of hype in hip surgery ads - The Boston Globe
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evidence does not yet exist that artificial joints placed through small incisions, which provide less visibility for the surgeon, last as long as those implanted through the longer cuts of conventional hip surgery, one of medicine's most successful operations.
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Patients stay in the hospital an average of two days, compared with four days for standard surgery, according to the orthopedic surgeons organization.
- 8 more annotations...
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