Last month we discussed some initial things that every trustee of a special needs trust should do upon learning that the prim...Read more
Do Co-Guardians Have to Make Every Decision Together?
- March 6th, 2018
While we can’t advise you on Illinois law in particular, the general rule is that if you and your husband are your son’s co-guardians, you must work together and come to a consensus on your son’s care and living arrangements. If you can’t agree, you’ll have to go to court and ask the judge to make a decision. Or the two of you can agree to a system for handling your disagreements. For instance, you might agree that you will both acquiesce to the decision of an independent third party, perhaps a social worker or other person who knows your son and has relevant professional expertise and experience.
That said, you probably don’t both need to sign everything. Either one of you should be able to act for both of you to sign the necessary documents. This makes things simpler, but whoever is signing still has to come to an agreement with the other. To sign a paper or give instructions representing that you are both in agreement when you’re not would be fraudulent.