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Power of Attorney Providing for Guardianship in a Divorce
A written Power of Attorney can provide for who is entitled to serve as guardian in the event a guardian is appointed. What typically happens in any written Power of Attorney is that if a guardian is identified in the event of a guardianship, it can be the same person or entity who holds the Power of Attorney. This allows for the maker of the Power of Attorney to provide for instructions as to who the maker of the Power of Attorney wishes in the event a guardian of the person and/or estate is appointed by the Court.
Regardless of the wishes of the maker of the Power of Attorney, in a guardianship proceeding, it is up to the Court as to who is entitled to serve as guardian, whether guardian of the person and/or estate, including in a limited capacity. Certain individuals are prohibited from serving as guardian, such as persons convicted of certain felonies, but conviction of felonies would not be a prohibition to a person serving as the Power of Attorney, if appointed by the maker.
Grounds for a fault divorce in Illinois are impotence, bigamy, adultery, desertion for one year, habitual drunkenness or drug addiction for at least two years, repeated and extreme physical or mental cruelty, felony conviction or imprisonment, and infection with a sexually transmitted disease.
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