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Hello my name is Carrie Peck I lead the law firm of Peck Ritchie with primary offices in Chicago today I'm going to talk about temporary guardianship a temporary guardianship is necessary in circumstances involving often emergency surgery financial exploitation and cases that require a third party decision-maker appointed by the court on an exigent basis so for example my office frequently appoints and seeks the appointment of a temporary guardian when an older adult is financially exploited perhaps a caregiver is taking advantage of an older adult, and we go into the probate court and file for temporary guardianship now it's imperative that you know that in order to file a temporary guardianship which is a short-term appointment of a third party decision-maker as well as filing for the appointment of a plenary Guardian which is a long-term appointment of a third party decision-maker it's necessary that both of those procedures rely upon a medical report that medical report in the Circuit Court of Cook County is called a CCP 211 and throughout the state it's required by statute, and certainly I'm confident the form numbers are different County to County, but before you undertake the representation of a family or an individual who wants to seek the appointment of a guardian you must make sure that they are able to produce for you and the court a medical report which indicates that the alleged disabled person that's the person whom a guardian is being sought for is totally incapable of making either personal and/or financial decisions so guardianship scum in a variety of different types we've talked about temporary we've talked about plenary, but guardians also come exclusively in the following fashion a temporary guardian of the estate which is the management of property or other assets or a temporary guardian of the person so let's use a hypothetical example a family comes to you and asks you to get involved in the representation of the family because the alleged disabled person a patient in a local hospital has refused to consent to the amputation of a gangrenous leg that individual certainly has the ability to refuse to have that leg amputated assuming they have the mental capacity to make that decision frequently in the medical circles decision-making capacity is deemed to be this patient in our hypothetical is non-decisional so in the medical community the terminology non-decisional is often used in the legal community one frequently hears the terminology mental incapacity in any case both of those terms means someone who suffers from a cognitive impairment that impairment may be the result of a temporary circumstance perhaps a stroke in which an individual is recovered perhaps a traumatic brain injury from an automobile or a motorcycle accident or that circumstance could be they are no longer able to make decisions because of a long-term circumstance perhaps the stroke has eliminated their ability to make decisions or a brain traumatic...
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