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   3Joseph T. MonahanChicago(312) 419-0252JMonahan@monahanlawllc.comJMonahan@monahanlawllc.comMonahan Law Group LLCwww.monahanlawllc.comwww.monahanlawllc.commonahanjosepht.jpgElder LawJuvenile LawSchool LawTrust, Will & Estate Planning LawGuardianship,Estate and Mental Healthrelated LitigationChild Welfare
Joseph T. MonahanJMonahan@monahanlawllc.com
Monahan Law Group LLChttp://www.monahanlawllc.com
55 W Monroe Ste 3700
Chicago IL 60603
Ph.(312) 419-0252 Fx.(312) 419-7428
Recommended by peers in:    Extensive Experience in:
Elder Law    Guardianship,
Juvenile Law    Estate and Mental Health
School Law     related Litigation
Trust, Will & Estate Planning Law     Child Welfare
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.


Bar Admissions:  
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

Representative Clients:  
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.


Employment History:  
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
  Trustee, 2003-2007
  Chair, 2007-2008
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


Community Involvement:  
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)


Legal Lectures:  
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.
1028140
Map to Office:   Click here to view map

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