Managing an estate takes a great deal of responsibility and good decision-making capabilities. This is true throughout the entire estate planning process; however, it becomes especially significant toward late adulthood. Unfortunately, not all individuals are capable of managing their estate effectively on their own. In these instances, it may be necessary to request and appoint guardianship over the estate owner. Through diligent research, effort, and collaboration with an experienced elder law attorney, successful guardianship is possible.

When is Estate Guardianship Necessary?

In Illinois, guardianship may be granted in instances where an individual, known as the ward, is not capable of making reasonable decisions regarding their financial or personal needs due to a physical, mental, or developmental disability. Under the Illinois Probate Act, the courts can modify the aspects of the appointed guardianship to meet the specific needs and capabilities of the ward. Guardianship is meant to safeguard individuals who cannot properly care for themselves or their property.

Court-appointed guardianship occurs most often in two situations: when a special needs child becomes an adult, or when an elderly individual loses decision-making abilities due to dementia. It is also possible for a guardian to be appointed for other concerns, including gambling habits, idleness, and excessive alcohol or drug use.

The Occupational Safety and Health Administration (OSHA) is the federal agency that oversees workplace safety in the United States. The agency has designated construction sites as one of the most dangerous workplaces because of the high number of deaths and injuries of construction workers each year. The agency has even identified the top construction site hazards, referred to as the “Fatal Four,” that are responsible for the most construction site accident deaths. These four are falls, struck by an object, electrocutions, and caught-in/between, compressed or crushed.

Hazardous Materials

The Fatal Four are also responsible for a high number of violations that OSHA issues each year against companies who fail to follow rules and regulations. Another OSHA top 10 danger that many construction workers are exposed to is hazardous materials. In 2020, OSHA hazardous material violations were one of the most common reasons companies were cited by the agency. The most frequent violations included:

• Failure of employers to warn and train workers about using the hazardous materials

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Now that the weather is getting warmer, the number of people on the road will rise, along with the number of traffic accidents and fatalities. According to information from the National Safety Council (NSC), the number of traffic fatalities that occur during the summer months is much higher than the number of traffic fatalities during the winter months. In April 2020, there were 2,520 reported traffic deaths, but May 2020 had 3,340 reported traffic deaths, which amounts to a nearly 36 percent increase in fatalities just one month apart. One of the best things you can do to prevent yourself from becoming one of those statistics is to practice safe driving techniques every time you are behind the wheel. Here are a couple of the most important safety tips to follow:

• Always double-check your rearview mirrors. When the weather gets warmer, more people are going to be outside doing things. You should be sure to double-check both your side mirrors and rearview mirror before backing up or pulling out of your driveway to avoid colliding with any people.

• Check your tires before hitting the road. If you are planning to travel or take a road trip, you should always check your tires before you go. Tires can take a beating during the winter months, so you should check to make sure that there is enough tread on your tires to help prevent skidding.

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On January 1, 2020, the use of marijuana became legal in Illinois, and adults who live in the state are now allowed to possess and use this drug for both medical and recreational purposes. For many people in the state, the legalization of marijuana has raised concerns about whether more people will be driving while under the influence of this drug. Just as drunk driving can greatly increase the risk of being involved in a car accident, the use of marijuana can affect a person’s ability to drive safely. Those who have been involved in a collision with a driver who had been using marijuana will want to work with a personal injury attorney to determine their options for receiving financial compensation for their injuries.

The Dangers of Driving While High on Marijuana

Marijuana can have similar effects as alcohol for drivers. The “high” produced by THC, the psychoactive chemical in marijuana, can cause impairments to a person’s coordination, and it will also lead to reduced reaction times. This will make it more difficult for a driver to respond to the movements of other vehicles, and it will also increase the likelihood that they will lose control of their vehicle. Marijuana use also affects a person’s judgment, making it more likely that they will engage in risky behavior that could endanger others.

In Illinois, a person may face charges of driving under the influence if a chemical test shows that they had at least five nanograms of THC per milliliter of blood or 10 nanograms per milliliter of another bodily substance, such as saliva or urine. If a driver who was involved in a car accident is tested and found to be over the legal limit for THC, they may be liable for injuries suffered by others who were involved in the collision.

Despite the first COVID-19 vaccines being distributed this week, in all likelihood many people are still going to stay at home for safety during the majority of the wintertime. However, as the economy continues to recover from all the stay-at-home orders and closing businesses, many more people have entered the gig economy as delivery drivers for all sorts of companies. While postal workers and delivery drivers for mainstays like the USPS, UPS, and FedEx have been delivering for years and have plenty of safety guidelines and insurance policies in place to handle slippery sidewalks and walkways, gig workers are much newer to the threat of slips and falls on the job while delivering goods. Here is some “need-to-know” information for these gig workers about premises liability in Illinois and the possibility of receiving personal injury compensation for slip-and-fall accidents this winter while on the job. 

Why Is Premises Liability So Significant Now?

The gig economy is real, and it is growing, especially during the COVID-19 pandemic. Many of the delivery drivers or “gig workers” contracted to deliver goods independently through third-party or less traditional companies are new on the job due to the recession. These workers include:

• Amazon Prime delivery drivers
• Grocery delivery drivers (Instacart, Shipt, etc.) 
• Restaurant delivery drivers (GrubHub, Uber Eats, DoorDash, etc.) 
• Private business delivery drivers (Consider deliveries being made by employees or owners of businesses who never had to deliver their products or foods in the past. They have far less experience with this sort of process and need to be made particularly aware of the winter rules of premises liability.)

How Does Illinois Law Define Premises Liability?

If you are delivering something to a house where the snow/slush is not shoveled or the ice is not melted and this has caused you to suffer an injury, you might be able to claim personal injury compensation. This is in addition to any workers’ compensation you might automatically receive as an injured employee. (Keep in mind, though, many “gig economy” jobs hire their workers as contractors who do not have the same benefits and rights as employees, so you might not receive much assistance from your employers, if any, which is all the more reason to pursue your own personal injury case).