Family Law

• Guardianship
  Adult guardianship is a legal process where a court appoints a decision-maker (guardian) for an adult who is unable to make their own decisions (due to mental illness, cognitive decline, physical incapacity, developmental disability, etc.). The disability must prevent the person from making or communicating responsible decisions about their personal and/or financial affairs.

Health Law

• Personal Injury
  If a child under age 18 inherits over $10,000.00 from a deceased parent or any other person or is receiving a personal injury settlement, a petition for guardianship of a minor should be filed to nominate a guardian of their estate.  A guardian of the estate must be appointed for the minor to receive their inheritance or settlement.  Even if the child has a willing and able parent, the court will require the appointment of a guardian of a minor’s estate.  Once the guardian of the estate is appointed by the court, the funds are deposited into a restricted bank account, which can either remain untouched until the child turns 18 or can be used for the child’s benefit, with the court’s oversight and authorization.
• Medicaid Planning
  The Illinois Medical Assistance Program (“Medicaid”) is the health care program for individuals who do not have another form of insurance or whose insurance does not cover what they need, such as nursing home or supportive living care. Medicaid is not the same as Medicare. Medicare only provides limited coverage in a long-term care facility if certain conditions have been met. This means that a significant number of people must look to Medicaid to pay for their nursing home and supportive living care. To make sure that you qualify and are approved for Medicaid, you need a Medicaid planning and application lawyer.

Trusts and Estates

• Estate Planning
  A traditional estate plan focuses on the transfer of your property at your death and minimization of estate taxes. Your estate plan should also address a variety of other personal matters including the possibility of disability and need for long term care. It should ease your concerns about what happens to your property upon your death and ensure that your wishes are followed both while you are living and after your death. To make sure that your estate plan documents your wishes while using a tool that makes the most sense, you need an estate planning attorney. At Dutton Casey & Mesoloras, PC, our experienced estate planning lawyers can help you throughout the process of creating your estate plan.
• Wills
  There are many circumstances where an individual may need the assistance of a probate litigation attorney or trust litigation attorney.  These include, but are not limited to, representation of an estate representative (executor or administrator) or trustee in a contested administration, representation of an heir/legatee or beneficiary in a probate estate or trust, presenting claims against an estate, and will and trust contests.
• Trusts
  As special needs planning attorneys, we work with clients to understand and implement planning tools to accomplish their goals. Special Needs Trusts are one of those tools. A Special Needs Trust is used for a disabled or elderly person who would like to qualify for government benefits, such as Medicaid, Supplemental Security Income, or other public benefit program, but has too many resources. The assets in the Special Needs Trust may be used to provide for needs that are not already provided through government programs.
• Power of Attorney
  In many cases, an abuser is a person who is in a position of trust and holds power and influence over an elder.  This may be a family member, a long-time friend, or a caregiver.  There are many examples of elder abuse, neglect, and elder financial exploitation.  An abuser can take money or assets they are not entitled to using a power of attorney or induce an elder to give “gifts.”  If you believe you or a loved one has been abused or financially exploited, our elder law litigation attorneys at
• Probate