Legal Question in Wills and Trusts in Illinois
I am the mother & plenary guardian of my son who is a disabled Veteran. He suffers from severe mental illness & has recently been re admited to the VA psych ward. They have a copy of my guardianship paperwork, that states my son is incompetent. The entire medical team refuses to give me access & or info to my son, stating he told them not to talk with me. This is his 8th admission to the same unit & this happens every time. Only time they'll call is when they want to discharge him. Then they bring up, "due to you being his legal guardian, you must pick him up." Don't I have rights as the guardian? Since he is a ward, I would think guardianship would trump what a mentally incompetent person says. That would be like them not giving me info about a minor child. I've even went back to court, where I rcv'd the guardianship & the judge stated there was nothing he could do about it. Any advise would be greatly appreciated. Thank you!
2 Answers from Attorneys
It is possible that there is a therapeutic reason why your son would not benefit from contact from you, but I find it almost impossible to believe there is any reason why his treating physicians should ignore you. This may be a situation that lends itself to a political solution. I recommend that you elevate your problem to management personnel at the VA facility, and if you don't get anywhere, consider contacting your Congressional representative or Mr. Durkin or Mr. Kirk's office.
I agree with Attorney Prihoda. I would just add that the reason the court cannot do anything is because the VA is a part of the federal government and the court where you got guardianship is state court. The federal government is superior to the State and does not have to pay attention to a State court's Order.
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