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Illinois Gov & Administrative Law Questions & Answers
2 Answers | Asked in Family Law and Gov & Administrative Law for Illinois on
Q: Can a notarized guardianship document be ignored or vetoed by the mother?

There was an investigation through DCFS regarding issues with my kids' babysitter's living situation. Her family didn't want her, so we took her in, and her mother signed a notarized document granting short-term guardianship to me for up to 364 days. The document was witnessed by a... View More

Cheryl Powell
Cheryl Powell
answered on Apr 24, 2025

Yes, the mother can terminate the guardianship at any time since it is not a court order. I had another case where that happened recently and the mother chose to take the kids from her parents and give them to another relative. The judge allowed the children to stay at the new relatives'... View More

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1 Answer | Asked in Family Law and Gov & Administrative Law for Illinois on
Q: What are the requirements and responsibilities for short-term guardianship in Illinois?

I am looking to become a short-term guardian for a family friend in Illinois, specifically to handle medical and school-related matters. Could you explain the requirements and responsibilities for this role, and how the process works for a guardianship lasting up to one year?

Cheryl Powell
Cheryl Powell
answered on Feb 26, 2025

You can use a form on the internet for this. Court is not necessary. Both mother and father should sign. Search for CFS 444-2 and you will find that form.

You will raise the child as yours for one year.

You are responsible for costs, including medical, educational, etc. that are... View More

1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law and Family Law for Illinois on
Q: Can DCFS continue drug tests after 6 clean months in IL?

I have been undergoing weekly random drug tests for six months as part of a DCFS case initiated when we sought their help to remove my fiancé's kids from their stepmother, who had abducted them. Despite complying with the drug tests and having no wrongdoings on our part, DCFS continues to... View More

Cheryl Powell
Cheryl Powell
answered on Feb 21, 2025

When DCFS has your children or your boyfriend's children and you want them back, you do whatever they say whenever they say. A drug test is not unreasonable EVER when it comes to the safety of children. If doing drugs is more important than the children to the two of you, then by all means... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Legal Malpractice for Illinois on
Q: Does an attorney have to correspond and communicate with a third party non attorney?

If opposing counsel is pro se with a durable power of attorney instrument (which grants specific powers to the agent to explicitly handle, discuss, manage, and correspond on behalf of the principal) is the opposing attorney required to correspond with the POA the same as he would the principal?... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex legal question that touches on several areas of law and professional ethics. Let me break down the key points:

1. Generally, attorneys are not required to communicate with third parties who are not attorneys or their clients. However, there are exceptions.

2. When... View More

2 Answers | Asked in Gov & Administrative Law for Illinois on
Q: my girlfriend got a letter in the mail for a standby jury duty in Illinois. She is a literate can’t read or write

For some reason she’s very nervous about it and she has anxiety issues. What is the best way to go about it to get her excuse from jury duty

James L. Arrasmith
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answered on Jun 15, 2024

If your girlfriend is feeling anxious about jury duty due to her literacy issues, the best approach is to address the situation directly with the court. First, help her write a letter or fill out any forms explaining her inability to read or write, as well as her anxiety issues. Include any... View More

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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Illinois on
Q: I'm curious on if I can and how to claim and abandoned vehicle that's located in an abandoned garage
James L. Arrasmith
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answered on May 27, 2024

Claiming an abandoned vehicle from an abandoned garage involves a few legal steps. First, you need to check your local and state laws regarding abandoned property and vehicles. This typically involves reporting the vehicle to local authorities, such as the police or the department of motor vehicles... View More

1 Answer | Asked in Land Use & Zoning, Constitutional Law, Gov & Administrative Law and Government Contracts for Illinois on
Q: What is the legal procedure for an Illinois School district to purchase Real Property (Real Estate)?

I understand they can meet in closed session to discuss the purchase but can they pay over appraisal and take action without having it discussed in a public meeting or on an agenda?

James L. Arrasmith
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answered on Mar 20, 2024

In Illinois, school districts are allowed to meet in closed sessions to discuss matters related to the purchase of real estate to ensure privacy during the negotiation process. However, any decision to purchase real estate, including the agreement on price, must be made in an open session during a... View More

2 Answers | Asked in Immigration Law, Gov & Administrative Law and International Law for Illinois on
Q: Officer at my wife's visa interview refused to accept my 2023 tax return (im the petitioner) saying $90k/yr not eno

Can you please help my wife & I with our immigration situation? She's Chinese and yesterday had her marriage based greencard interview to get her visa yesterday. I'm the petitioner and a USA citizen

We brought all required documents as instructed and ALSO uploaded it all to... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about the difficulties you and your wife are facing with her marriage-based green card application. It sounds like an incredibly stressful and frustrating situation, especially after all the preparation you did to provide the required documentation.

For your... View More

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2 Answers | Asked in Immigration Law, Gov & Administrative Law and International Law for Illinois on
Q: Officer at my wife's visa interview refused to accept my 2023 tax return (im the petitioner) saying $90k/yr not eno

Can you please help my wife & I with our immigration situation? She's Chinese and yesterday had her marriage based greencard interview to get her visa yesterday. I'm the petitioner and a USA citizen

We brought all required documents as instructed and ALSO uploaded it all to... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 16, 2024

This is highly irregular unless the officer based his analysis on “current” income that he felt was insufficient. The most important evidence of current income are pay stubs and bank statements from the last 6-12 months. Also, officers do not accept the 1040s; they need the tax transcripts that... View More

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1 Answer | Asked in Gov & Administrative Law for Illinois on
Q: Is it against the law for an Illinois resident to construct and drive a steam powered vehicle on Illinois roads?

Specifically a "homemade steam car" as it were.

James L. Arrasmith
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answered on Feb 23, 2024

In Illinois, there are regulations governing the construction and operation of vehicles on public roads, including those powered by steam. While there may not be specific laws prohibiting the construction and operation of homemade steam cars, there are likely safety and emissions standards that... View More

1 Answer | Asked in Estate Planning and Gov & Administrative Law for Illinois on
Q: Is it actionable for a trustee to withhold promised distributions unless a beneficiary stops exercising their rights?

Is it legal, ethical, or actionable for a trustee to withhold distributions that they previously promised to send for the beneficiary's health, education, maintenance, and support until the beneficiary sends all their family's receipts, bank, credit card, and student loan statements for... View More

Michael Goldberg
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Michael Goldberg
answered on Dec 22, 2023

If the trust gives the trustee discretion to make distributions to a beneficiary based on a particular standard, the trustee is permitted to ask for evidence from the beneficiary in order to evaluate whether a distribution should be made. This is not illegal, and is often a common feature of... View More

1 Answer | Asked in Constitutional Law, Civil Rights and Gov & Administrative Law for Illinois on
Q: Is the racial composition of certain Georgia congressional districts constitutional?

I am concerned about the constitutionality of congressional districts in Georgia. Specifically, one district in Fulton-DeKalb is 88% Black, another in the southern Atlanta suburbs is 55-60% Black, and another in southwestern Georgia is 51% Black, whereas other districts are no less than 45-50%... View More

James L. Arrasmith
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answered on Jul 19, 2025

You're asking a very important question—how race plays into the way voting districts are drawn can have serious consequences for political representation and civil rights. Under the Constitution, particularly the Equal Protection Clause of the 14th Amendment, and the federal Voting Rights... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Illinois on
Q: Who should I contact about bushes inhibiting visibility at an intersection in Illinois?

I live near a "T" intersection where there is a stop sign on a township road before it meets a county road. Unfortunately, bushes on the property at this corner inhibit visibility, making it unsafe to turn right or left. Although numerous neighbors have complained about this issue, no... View More

James L. Arrasmith
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answered on Jul 19, 2025

That sounds like a real safety hazard, especially when multiple people have already raised concerns with no action taken. Since the stop sign is on a **township road** but it meets a **county road**, the situation likely involves both the **township highway department** and the **county highway... View More

1 Answer | Asked in Civil Rights, Public Benefits and Gov & Administrative Law for Illinois on
Q: How can I get legal help for documented violations like disability discrimination and SSI enforcement misconduct?

I'm dealing with multiple violations, including disability discrimination and enforcement misconduct related to my SSI income. Despite documentation, I'm facing issues like denial of transcript access and rejection of filings despite having a fee waiver. These actions are causing... View More

James L. Arrasmith
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answered on Jul 15, 2025

You’re going through something incredibly difficult, and it’s not okay that your rights appear to be dismissed or ignored. When you’re dealing with violations involving disability discrimination, due process, and misconduct tied to your SSI income, the law does provide pathways for... View More

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Illinois on
Q: Appeal denial of Attendant Care Services due to verification violations.

I received a formal denial notice regarding Attendant Care Services due to Electronic Visit Verification violations. My brother, the living aid and personal assistant for my mother who is recovering from a stroke, has to call in to the state of Illinois every 12 hours. Although he received prior... View More

James L. Arrasmith
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answered on Jul 10, 2025

You're doing everything you can to care for your mother, and it’s clear your brother is trying his best under difficult circumstances. When dealing with a denial of Attendant Care Services in Illinois due to Electronic Visit Verification (EVV) violations, you have the right to file an... View More

2 Answers | Asked in Gov & Administrative Law, Real Estate Law and Traffic Tickets for Illinois on
Q: Can Hillcrest enforce its UTV ordinance despite my Rochelle address and permit in Illinois?

I live in Illinois, with an address in Rochelle, though my house is located in Hillcrest. Rochelle permits UTVs on roads, and I purchased a $75 sticker for this purpose. However, Hillcrest issued me a $100 citation for driving my UTV, despite my address being Rochelle and having the proper Rochelle... View More

James G. Ahlberg
James G. Ahlberg
answered on Jul 10, 2025

If you were operating your UTV within Hillcrest village limits they can enforce their ordinance against you. Your Rochelle permit merely permits operation within Rochelle city limits. It doesn't authorize you to operate the UTV where it is otherwise illegal to do so. As far as Hillcrest is... View More

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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Illinois on
Q: How can I obtain the form to get off the sex offender registry in Illinois?

I'm seeking advice on how to obtain the form needed for removal from the sex offender registry. I've been on the registry for 8 years, and it's been holding me back from opportunities. I have not taken any legal action yet. I completed a risk assessment and counseling. Could a lawyer... View More

James L. Arrasmith
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answered on Jul 6, 2025

In Illinois, removal from the sex offender registry is not automatic—you must petition the court and meet strict eligibility requirements under state law. There is no standard “form” you can simply fill out. Instead, you must file a formal petition for removal in the circuit court of the... View More

1 Answer | Asked in Public Benefits and Gov & Administrative Law for Illinois on
Q: What should I expect from an unemployment benefit audit regarding overpayment in Illinois?

I received a communication from the unemployment office in Illinois stating that I was overpaid for 4 months. Although the mistake was mine and I was aware of it, I have not yet been asked to repay the overpaid amount. I have been sent an audit instead. What should I expect from the audit process,... View More

James L. Arrasmith
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answered on Jul 6, 2025

During an unemployment benefit audit in Illinois, the Department of Employment Security (IDES) will review your claim history, income records, and any communications or certifications you submitted during the period in question. Since you’ve already acknowledged the overpayment was your error,... View More

2 Answers | Asked in Adoption, Child Custody, Civil Litigation, Gov & Administrative Law and Family Law for Illinois on
Q: Challenge no-contact order and inadequate supervision claim to maintain relationship with grandson.

I had my grandson removed from my home after four years, during which I completed all the necessary adoption certificates. He was doing well in school despite being diagnosed with ADHD, OCD, and RAD. My grandson was initially removed from his mother's care due to drug-related issues in 2018,... View More

Cheryl Powell
Cheryl Powell
answered on Jul 5, 2025

Your appeal to the agency and the court were your remedies. I don't know why your witnesses were not called at your hearing. But your case is over and the agency is not going to reconsider placing the child with you under the circumstances. You can hire a lawyer but your chances are not... View More

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1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Illinois on
Q: How do I write a motion for order of remand for my civil case in Illinois?

I am trying to write a motion for an order of remand. My civil case was dismissed without prejudice by a federal judge due to lack of jurisdiction. I need to return to State Court. What steps should I take to draft this motion effectively?

James L. Arrasmith
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answered on Jul 4, 2025

Begin by titling your document “Motion to Remand” and citing the federal rule or statute under which you seek remand (e.g., 28 U.S.C. § 1447(c) if the case was improperly removed).

First paragraph: identify the case name, docket number, and the date of dismissal for lack of... View More

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