Volume III - Issue No. 3 - Fall 2000

FATHER (& MOTHER) KNOW(S) BEST

The Summer 2000 edition of Legal Tidbits included an article that a Washington State case challenging grandparent visitation rights was before the U.S. Supreme Court and a decision was imminent. In a split decision, the majority of Justices held that the Washington statute permitting "any person" to petition for visitation rights violated a parent's right to make decisions concerning his or her children. The decision requires that a court give special weight to a parent's determination of what is in the child's best interests including the extent of any visitation with a grandparent.

It is still unclear how this Supreme Court decision will impact Illinois grandparent visitation, although the pendulum has certainly swung in favor of the parents over the grandparents.

CHANGES TO POWERS OF ATTORNEY

In a move that blindsided many observers, the Illinois legislature amended the Power of Attorney Act on June 9, 2000. The Act, as amended, provides that the power of attorney applies only when a principal is under a legal disability, or a physician determines that the principal lacks decision-making capacity, the physician signs a written record of his

determination within 90 days of the examination and the record is delivered to the agent.
The property power of attorney now requires at least one witness in addition to the notary public. Property powers of attorney signed prior to June 9th are not effected.

MANDATORY ARBITRATION

The Illinois Supreme Court has authorized court-annexed arbitration as a mandatory, but non-binding form of alternative dispute resolution. In the 14th Judicial Circuit (Rock Island, Henry, Mercer and Whiteside counties) the program applies to all civil cases seeking money damages over $5,000 and less than $50,000. Cases will be litigated before a panel of three arbitrators. The parties have 30 days to accept or reject the arbitrators' decision. Mandatory arbitration is intended to reduce the length and cost of litigation. Attorney Linnea Thompson has successfully completed the mandatory arbitration training.

L-AWFUL HUMOR

If Hale Business Systems, Mary Kay Cosmetics, Fuller Brush, and W.R. Grace were to merge, would they become "Hale Mary Fuller Grace"?

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