Legal Question in Real Estate Law in Illinois

When a disabled person, subject to a Court order to remain in the care of a nursing facility, pursuant to an involuntary guardianship proceeding alleging �incapacitation�, is served with a summons alleging a financial claim in a different Court division and venue; and the aforementioned �guardianship� Court keeps continuing a pro se Petition Pursuant to Supreme Court Rule 298 to avoid ruling; what codified federal/state [Illinois] ADA provision, statute, regulation, rule, etc. either: 1. vitiates the summons; 2. postpones the entire �financial claim� litigatory process, including the filing of an Answer, Affirmative Defenses and Counterclaim; or 3. allows for some other appropriate procedure, delay, remedy, etc., on grounds the disabled defendant is alleged to be �incapacitated�; until after the ongoing �..involuntary guardianship proceeding..� has been fully adjudicated?


Asked on 11/07/11, 9:45 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

The probate act requires the creditor to file a claim in the disabled persons estate. The disabled person can not file an appearance. they are no longer competent. The guardian should file the appearance.

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Answered on 11/10/11, 12:44 pm


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