3Joseph T. MonahanChicago(312) 419-0252JMonahan@monahanlawllc.comJMonahan@monahanlawllc.comMonahan Law Group LLCwww.monahanlawllc.comwww.monahanlawllc.commonahanjosepht.jpgAdoption & Reproductive Technology LawElder LawJuvenile LawSchool LawTrust, Will & Estate Planning LawGuardianship,Estate and Mental Healthrelated LitigationChild Welfare|
|Recommended by peers in:|| Extensive Experience in:|
|Adoption & Reproductive Technology Law|| Guardianship,|
|Elder Law|| Estate and Mental Health|
|Juvenile Law || related Litigation|
|School Law || Child Welfare|
|Trust, Will & Estate Planning Law|
| Advisory Board Member|
| County: Cook|
| Litigator: Yes|
| Practice Description: |
Mr. Monahan devotes his practice to providing legal services to persons with disabilities, their families, and the professionals who serve them. He concentrates his practice in mental health and developmental disabilities law; elder abuse, neglect and financial exploitation; probate; guardianship; estate planning and administration; child welfare and juvenile court issues; adoptions; and mental health confidentiality law. In addition to litigation services, Mr. Monahan regularly provides consultation, risk management, and ethics training to social service providers and agencies. He is frequently involved in high-impact litigation and appeals and in crafting mental health legislation.
Notable Cases and Results:
In re Petition of K.M., 274 Ill. App. 3d 189, 653 N.E.2d 888 (1st Dist. 1995) (holding that unmarried same-sex cohabitants have standing under the Adoption Act to jointly petition for adoption.) Trial counsel.
Johnston v. Weil, 396 Ill.App.3d 781, 920 N.E.2d 494 (1st Dist. 2009) (holding that information and materials obtained by a 604(b) professional are not confidential under the Illinois Mental Health and Developmental Disabilities Confidentiality Act). Trial and Appellate Court counsel.
Bertell v. Rockford Memorial Hospital, 393 Ill.App.3d 469, 913 N.E.2d 123 (2d Dist. 2009) (holding that Lincoln's birthday constituted a holiday under the Illinois Mental Health and Developmental Disabilities Code). Trial and Appellate Court Counsel.
B.H. v. Johnson, 715 F. Supp. 1387 (N.D. Ill. 1989) (largest class action law suit brought against the Illinois Department of Children and Family Services at the time, which provided system wide relief and changes to the child welfare system in Illinois). Served as initial plaintiff and appointed co-chair of the expert panel which negotiated the consent decree to settle the case.
State of Illinois, 1985
U.S. Northern District, 1985
U.S. Southern District
Hourly Rate: $250-$400
Retainer: Varies By Case
Date of Birth: 1955
Law School: DePaul University College of Law, JD, 1984
Undergraduate School: University of Illinois at Urbana-Champaign, BSW, 1977; MSW,1978
Undergraduate School Honors/Involvement: James Scholar
Over 40 Hospitals in the Metropolitan area and throughout the State of Illinois; child welfare agencies and mental health clinics; individuals with disabilities and their family members; and the professionals who serve them.
Monahan & Cohen, 1990 - 2011; co-founder and partner
Harris enCircle, Harris Bank, Chicago, IL, 2008 - present; advisory board member
Loyola University College of Law Health Care Institute, 1993 - present; adjunct professor of law
Instructor of the Mental Health Law Course
Northwestern University School of Law, 2002 - 2004; adjunct professor of law
Instructor of the Psychiatry and Law Course
Illinois State Board of Education, 1987-1996; hearing officer
Adjudicate disputes between students and school districts which arise under the Individual with Disabilities Education Act (IDEA)
Law Office of Joseph T. Monahan, Chicago, IL, 1988-1990; founder and principal
Private practice, Chicago, IL, 1987; attorney
Civil litigation with emphasis on special education matters, mental health, adoption, juvenile issues and adult guardianship
Illinois Guardianship and Advocacy Commission, Legal Advocacy Service, 1985 - 1987; staff attorney
Litigation and administrative proceedings arising under the Mental Health and
Developmental Disabilities Code, Probate Act, Juvenile Court Act, Nursing Home Care Reform Act.
Illinois Guardianship and Advocacy Commission, Legal Advocacy Service, 1983 - 1985; legal assistant
LaSalle County Youth Service Bureau, 1978 - 1981; executive director
Bar/Professional Association Involvement:
Illinois State Bar Association
Mental Health Law Committee, 1997-present
Legislative Task Force, created by SR 373, 2002-2003
National Association of Social Workers, Member, 1976-1984, 1991-present
ACSW, 1976-1984, 1991-present
Legal Defense Fund
Board of Directors, Member Executive Committee, Chair Personnel Committee, 2009-present
Seguin Services, Member Human Rights Committee, 1987-1990, 1992-1996
Chicago Bar Association, Member Mental Health Law Committee, 1984-present, Chairperson, 1990, Vice Chairperson,1988, 1989
National Association of Social Workers, Illinois Chapter, 1976 - present, Ad-Hoc Committee to Rewrite Social Work Practice Act, 1994-1995
Member School Board, Pope John XXIII, Evanston, Illinois, 1994-2000
National Association of Down Syndrome (NADS), Member Board of Directors, 1998 -1999
Guardianship Reform Project, Equip for Equality, 1999 -2001
Published Legal Writing:
"Life Sustaining Treatment and the Law: The Evolution of Informed Consent", Advance Directives and Surrogate Decision Making, Joseph T. Monahan M.S.W., A.C.S.W., J.D. and Elizabeth Lawhorn, J.D.
Loyola University Chicago College of Law, Annals of Health Law-25th Anniversary Special Edition (Vol.19, 2010)
Mr. Monahan is a frequent lecturer at seminars, in-services and professional continuing education trainings on topics concerning Mental Health, Confidentiality, Guardianship, Elder Abuse, Juvenile issues, Ethical issues for Social Service providers, Risk Management and other topics. Among the organizations that Mr. Monahan has presented to are: Illinois State Bar Association, Chicago Bar Association, Illinois Institute for Continuing Legal Education, National Association for Social Workers, Health Education Network, Lorman Education, and more.
Practice Group Description: Guardianship, estate and mental health related litigation.
Family: Married with 4 children.
Parking: Paid parking available in the neighborhood.
Map to Office:
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