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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.
In dividing property, the Illinois court considers all relevant factors including the contribution of each party to the value of the property, particularly the contribution of a spouse as a homemaker, the value of the property distributed to each spouse, the length of the marriage, the financial situation of each spouse when the property is divided, (such as the need to give the family home to the spouse who has custody of the children), any obligations and rights arising from a prior marriage of either party, the age, health, station, occupation, income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the custody of any children, and the reasonable opportunity of each spouse for future acquisition of capital assets and income.
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