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Who is the Legal Parent in Egg Donation Cases?Modern technology has assisted with the creation and growth of many families. Originally, natural conception and adoption were the only two options available to those who wish to have children or increase the size of their existing family. While adoption is a great option for couples to use, some parents wish to have a biological connection with their child and care for them through conception as well. Thankfully, medical advances have allowed families to have children through in vitro fertilization (IVF) using donor eggs. Egg donation is a treatment for infertile women who wish to physically bear a child. While this is not a brand new technology, it has continued to improve over the years. According to data from the Society for Assisted Reproductive Technology (SART), there was a 50.7% success rate for live births using donor eggs in the U.S. in 2017, proving that this version of IVF is a valid option for many families.

Requirements of the Recipient and Donor

For obvious reasons, IVF egg donation is not a parent’s first choice when trying to create a family; however, it is a good option for those who need help doing so. The process can cost a significant amount of money and involves a fair amount of medical treatments. This form of IVF is typically used for women with diminished egg quantity and quality. These include women with: 

  • Premature ovarian failure;
  • Poor response to ovarian stimulation;
  • Poor egg quality;
  • Low antral follicle counts on ultrasounds;
  • High day 3 follicle-stimulating hormone (FSH) levels; and/or
  • Advanced age.

Donors have a long list of requirements that they must meet before they are eligible. Females must be between the ages of 21 and 29 and be a U.S. citizen or have the legal right to work in the U.S. There are many health qualifications that must be met. The women must have a healthy BMI, no reproductive abnormalities, two ovaries, an excellent family health history, not be using any form of birth control and be a non-smoker/drug user. The woman must also have some form of college or trade/vocational certification.

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How Do I Know If My Loved One Needs a Legal Guardian?Minors are accustomed to having a legal guardian who makes large decisions for them. While they may have some say in the matter, the final decision is left to the older party. Unfortunately, some individuals must experience this more than once in their life. Older people or those with disabilities often have to allow a legal guardian to take on the “official” responsibility of legal decision-making. Being the party taking on the guardianship responsibility can be emotionally and physically taxing, but recognizing that your loved one needs help could save them from making irreparable legal decisions.

Signs That Your Loved One Needs Help

Guardianships are most commonly issued when someone has a mental disability or when someone’s age affects their clarity of mind. However, just because a person has mental disabilities does not mean that they should have a legal guardian. The purpose of legal guardianship is to make legal decisions for another person when they have the inability to do so. Thus, potential guardians should evaluate their loved one and their ability to engage in the decision-making process. The Illinois Guardianship & Advocacy Commission suggests answering the following four questions to gauge your loved one’s mental capacity for making decisions:

  1. Do they understand that a particular decision needs to be made?
  2. Do they understand the options available in any given decision?
  3. Do they understand the consequences of each available option?
  4. After making the decision, are they able to properly inform appropriate parties?

My Loved One Needs Help, But Can I Be Their Guardian?

There are regulations on who can act as a legal guardian to ensure that the individual’s best interests are upheld. Any individual who is over the age of 18, has a “sound” mind, has not been convicted of a serious crime, and is deemed acceptable by the court is eligible to be a legal guardian. Potential guardians must be able to provide the court with proof of an active and suitable course of action for the individual. In some cases, agencies may be appointed as legal guardians – excluding banking institutions and those providing residential services to the individual. Whether private or public, agencies can often provide more active guardianship than the individual’s loved one since they do not have the same emotional ties to the individual. However, family or friends can make the best guardians in some cases since their desire to make good decisions for the individual has a personal connection behind it. 

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The Pros and Cons of Adult GuardianshipWhen most people think of guardianship, they imagine something similar to adoption. They begin to take care of a child in a similar fashion to the way they would care for their biological child. While this is one form of guardianship, adult guardianship is also fairly common. Becoming someone’s legal guardian gives you the legal authority to assist that individual with their affairs. This is typically done to help an adult make decisions when they are incapable of doing so themselves. It can be difficult to take on this role, especially if the adults are your parents. However, when debilitating diseases such as Alzheimer’s affect the adult’s mental ability, it can be crucial to take on this position. 

Benefits of Guardianship

One of the primary benefits of legal guardianship is the peace of mind for everyone involved. Not only will you feel more secure and comfortable with the adult you are guiding but you will also feel personal reassurance. Guardianships are typically a last resort for family members when they see that their loved one is not able to make legal decisions on their own. That being said, once the unpredictability is removed from the situation it can take away the stress for everyone involved. Becoming a legal guardian also gives clear legal authority for instances in which it is necessary. When third-parties become involved, it is much easier to have a designated leader rather than someone who is unsure and incapable of making large decisions.

Disadvantages of Guardianship

Much like any other legal process, officially declaring guardianship over another adult involves a lot of time and effort from all parties. An attorney must be included in the process along with the signing of legal papers and court involvement. Although this can seem daunting to some, an experienced attorney can lift the stress of the situation off of everyone’s shoulders. The process as a whole can be very time consuming, yet worth the wait. If you are concerned that your loved one needs someone to help them with legal processes, it is well worth the time it takes to obtain your new title as legal guardian.

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Lombard, IL prenup lawyer

Remarrying an ex-spouse is fairly uncommon but it does happen. This typically happens with couples who married young and have been divorced for a significant period of time. People grow older and wiser, realize their mistakes, and change their futures based on the experiences they have acquired since the end of that relationship. 

According to research conducted by Nancy Kalish, a professor emeritus at California State University, 6 percent of couples claim to have married, divorced, and remarried the same person. Of these individuals, 72 percent stay together after remarrying. 

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Lombard, IL adult guardianship attorneyWhen one thinks of being a guardian, the image of a parent taking care of a child often comes to mind. However, guardianships are not reserved solely for parents and their children. According to Illinois law, a guardian is a person, institution, or agency appointed by the Probate Court to manage the affairs of another, called the ward. 

Because a person is considered an adult at the age of 18, they typically no longer have a legal guardian after their 18th birthday. However, like most laws, there are exceptions. There are four reasons why an adult would be assigned a legal guardian, all of which surround the adult’s health. The four qualifications for the need of a guardian are mental deterioration, physical incapacity, mental illness, and/or a developmental disability. Depending on the circumstances, there are several different types of guardianships allowed in Illinois.

Types of Guardianships

For guardianships that are not between an adult and a child, the details of the arrangement can vary with each situation, and they will be determined by the court based on the ward’s health. Types of guardianships include:

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