Joseph T. Monahan

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Joseph T. Monahan

Founding Partner
Location:
Chicago, Illinois
Phone:
312-419-0252
Fax:
312-419-7428
Email:

Mr. Monahan is the founder of Monahan Law Group, LLC and one of the preeminent mental health law attorneys in Illinois. Under Mr. Monahan's direction, the firm provides legal services to over 70 hospitals and numerous mental health clinics, child welfare agencies, and social service agencies. In addition to professional clients, Mr. Monahan also represents individuals at all levels of administrative and judicial proceedings.

Mr. Monahan has tried countless guardianship, mental health, and child welfare cases over the past 30 years. From confidentiality of mental health records to same-sex adoption, Mr. Monahan has successfully argued cases at every level of the Illinois court system, including the appellate court and Illinois Supreme Court. His background as a certified social worker makes him acutely aware of the legal issues that impact social service professionals and the people they serve. He currently serves as President NASW Risk Retention Group, Inc.  and has been an active member of NASW for many years. He is also regularly appointed by the court to represent persons with disabilities in complex or extraordinary mental health cases.

Mr. Monahan has been an active member of the legal community throughout his career and has played an integral role in developing important policies and legislation to assist individuals with disabilities and those involved in their care. As a recognized leader in his field, he is frequently invited to teach courses and provide trainings to law students, attorneys, medical and mental health professionals, and family members.

Mr. Monahan is an Adjunct Professor of Law at Loyola University Chicago School of Law, where he has taught mental health law for over twenty years. He has also taught at Northwestern University School of Law. Mr. Monahan has repeatedly served as Chair of the Illinois State Bar Association Mental Health Law Committee and has been appointed to numerous other leadership positions in the state and local not for profit groups throughout his longstanding career. 

Mr. Monahan is a steadfast advocate for persons with disabilities, their families, and the professionals who serve them. He cares deeply about each of his clients and strives to represent them with principled advocacy and practical legal advice.

Areas of Practice

  • Guardianship
  • Adoption
  • Child Welfare/Juvenile Law
  • Community Based Services
  • Elder Law
  • Health Care Law
  • Litigation & Appeals
  • Mental Health & Confidentiality Law
  • Probate & Estate Administration
  • Risk Management
  • Special Needs Planning
  • Trusts
  • Wills

Bar Admissions

  • Illinois
  • U.S. District Court Northern District of Illinois Trial Bar
  • U.S. District Court Northern District of Illinois
  • U.S. District Court Central District of Illinois
  • Supreme Court of the United States of America

Education

  • DePaul University College of Law, Chicago, Illinois
    • Juris Doctorate
  • University of Illinois, Champaign, Illinois
    • Master's of Social Work
  • University of Illinois, Champaign, Illinois
    • Bachelor of Arts
    • Major: Social Work

Published Works

  • Author, §§ 28:7 to 28:27, Chapter 28, Mental Health Issues, Law of Medical Practice in Illinois, 3rd, Vol. 22 (Illinois Practice Series), 2008
  • Author, Elder Abuse: Legal Definitions and Mandatory Reporting of Elder Abuse, Social Work Networker published by the NASW Illinois Chapter, May 1, 2009
  • Author, Legal Issues Affecting Elderly Clients - Medicare and Medicaid for the Elderly, Social Work Networker published by the NASW Illinois Chapter, October 1, 2009
  • Author, Legal Issues Affecting Elderly Clients - Incompetent Elderly Clients: Powers of Attorney and Guardianship , Social Work Networker published by the NASW Illinois Chapter, August 1, 2009
  • Author, Life Sustaining Treatment and the Law: The Evolution of Informed Consent, Advance Directives and Surrogate Decision Making, Beazley Institute for Health Law and Policy Annals of Health Law, Vol. 19, Issue 1, Special Edition, 2010, 107-113
  • Author, Powers and Duties of a Guardian of the Person: Guardianship for Disabled Adults, Advance Directives, and Mental Health Law, Chapter 3, IICLE, 2011
  • Author, §§ 28:7 to 28:27, Chapter 28, Mental Health Issues, Law of Medical Practice in Illinois, 3rd, Vol. 22 (Illinois Practice Series), 2014 and 2015 Supplement

Classes/Seminars

  • Adjunct Professor of Law, Child Mental Health Law Course, Loyola University Chicago School of Law, Child Law, Chicago, Illinois, 2012 - Present
  • Adjunct Professor of Law, Psychiatry and Law Course, Northwestern University School of Law, Chicago, Illinois, 2002 - 2004
  • Adjunct Professor of Law, Mental Health Law Course, Loyola University Chicago School of Law, Health Care Institute, Chicago, Illinois, 1993 - Present
  • Scheduled Presenter, Illinois Elder Law, PESI, Inc., January 28, 2016 - January 29, 2016
  • Scheduled Presenter, HIPPA and Confidentiality, National Alliance on Mental Illness, January 17, 2016
  • Presented, I Received a Subpoena; What Should I Do?, National Association of Social Workers - Webinar, November 17, 2015
  • Presented, Capacity and Guardianship, IILCE 11th Annual Elder Law Program, November 12, 2015 - November 13, 2015
  • Presented, Risk Management Training, National Association of Social Workers, October 19, 2015
  • Presented, Juvenile Court Training for Foster Parents, Hephzibah, October 9, 2015
  • Presented, CLE Training, Illinois School Social Work Supervisors and Coordinators Counsel, October 2, 2015
  • Presented, Illinois Mental Health and the Law, PESI, September 24, 2015 - September 25, 2015
  • Presented, Internal Training, Waukegan School District Social Workers, June 3, 2015
  • Presented, Internal Training, Association of Police Social Workers, May 8, 2015
  • Presented, Elder Law, American Hospital Association, April 23, 2015
  • Presented, Confidentiality and Representing Persons Alleged to have a Diagnosed Mental Illness, ISBA, April 10, 2015
  • Guest Lecturer, End of Life Decision-Making, John Marshall Law School, April 3, 2015
  • Presented, FOID, The Carle Foundation - Webinar, March 26, 2015
  • Presented, Medical School for Elder Law Attorneys: Geriatric Psychiatry, IICLE, February 20, 2015
  • Presented, Internal Training, Local Social Service Agency, February 4, 2015
  • Presented, Adult Protective Services/Remedies and Nursing Home Resident’s Rights, Health Ed/PESI Illinois Elder Law 2015, January 22, 2015 - January 23, 2015
  • Presented, CLE Social Workers, Local VA Hospital, January 21, 2015
  • Presented, The Business of Social Work, NASW – Illinois Chapter, November 14, 2014
  • Presented, Mental Health Law, IICLE - 10th Annual Elder Law Short Course, November 6, 2014
  • Presented, Illinois Mental Health and the Law, PESI, October 30, 2014 - October 31, 2014
  • Presented, Different Perspectives in Adult Guardianships, Equip for Equality Legal Aid Advocates Conference, October 16, 2014
  • Presented, FOID Mental Health Reporting, National Association of Social Workers (NASW), August 14, 2014
  • Presented, Guardianship: Persons with a Mental Illness, National Alliance for Mental Illness (NAMI), April 13, 2014
  • Presented, Changes in Confidentiality of Mental Health Records, DePaul Law Review Symposium, March 21, 2014
  • Presented, Ethics and Mental Health, Child Welfare Agency, February 11, 2014
  • Presented, Adult Protective Services/Remedies and Nursing Home Resident’s Rights , Health Ed/PESI Illinois Elder Law 2014, January 17, 2014
  • Presented, Adult Protective Services and Nursing Home Resident Rights and Informed Consent, Substitute Decision Making and Advance Directives, SSWLCH - Illinois Chapter, January 2014
  • Presented, Practical and Legal Options for Persons Diagnosed with Mental Illness, HEALTH ED/PESI Illinois Elder Law, September 26, 2013
  • Presented, Illinois Children's Mental Health and the Law, HEALTH ED/Illinois Juvenile Law, January 25, 2013
  • Presented, Illinois Mental Health and the Law, PESI/HealthEd, 2013 - 2014
  • Presented, Citations to Discover and Recover Assets, Elder Law Practice in the Circuit Court of Cook County: The New Elder Law and Miscellaneous Remedies Division of the Circuit Court, Judge Banks Seminar, March 23, 2012
  • Presented, Elder Abuse/Remedies and Nursing Home Resident's Rights, HEALTH ED Illinois Elder Law, January 27, 2012
  • Presented, Elder Abuse/Remedies and Nursing Home Resident's Rights, HEALTH ED Illinois Elder Law, September 23, 2011
  • Presented, Who Is Your Client?, Illinois Legal Aid Conference, 2011
  • Presented, Guardianship and Advance Directives: The Law of Surrogate Decision Making in Illinois, NASW Illinois Virtual Symposium on Ethics, September 14, 2010
  • Presented, The Limitations of a Legal Guardian: Immigrants and John Doe Cases, National Guardianship Association National Colloquium on Guardianship, April 23, 2010
  • Presented, Elder Abuse/Remedies and Nursing Home Resident's Rights, HEALTH ED Illinois Law, February 12, 2010
  • Presented, The Law of Surrogate Decision Making in Illinois, NASW Statewide Conference, September 11, 2009
  • Presented, Social Worker Ethics Seminar, Lake Forest Hospital, August 12, 2009
  • Presented, Child and Elder Abuse Reporting, Resurrection Health Care, April 22, 2009
  • Presented, Healthcare Risk Management, Chicagoland Healthcare Risk Management Society's (CHRMS) Law Day Program, November 7, 2008
  • Presented, Legal Issues and the Elderly, Benedictine University, 2000 - 2014

Honors and Awards

  • Selected to Super Lawyers, 2005 - 2015
  • Selected to Leading Lawyers, 2008 - 2016
  • Most Valuable Volunteer of the Year Award, Illinois Institute for Continuing Legal Education, 2013

Professional Associations and Memberships

  • The Chicago Bar Association, Mental Health Law Committee, Member, 1984 - Present
  • The Chicago Bar Association, Mental Health Law Committee, Chairperson, 1990
  • The Chicago Bar Association, Mental Health Law Committee, Vice-Chairperson, 1988 - 1989
  • Illinois State Bar Association, Mental Health Law Committee, Member, 1997 - Present
  • Illinois State Bar Association, Chair, 2006 - 2008
  • Illinois State Bar Association, Secretary, 2005 - 2006
  • Illinois State Bar Association, Vice-Chair, 2006 - 2007
  • Illinois State Bar Association, Chair, 2001 - 2002
  • Illinois State Bar Association, Vice-Chair, 2000 - 2001
  • Illinois State Bar Association, Secretary, 1999 - 2000
  • Illinois State Bar Association, Legislative Task Force, Created by SR 373, Member, 2002 - 2003
  • Board of Directors, Member Executive Committee, Chair Personnel Committee, Legal Defense Fund, 2009 - 2012
  • Chair, Legal Defense Fund, 2007 - 2008
  • Trustee, Legal Defense Fund, 2003 - 2007
  • Ignatius Chicago Crew, Member, Board of Directors, 2006 - 2009
  • Foundation for Human Development, Board of Directors
  • Illinois Coalition Against the Death Penalty, Board Member, 2000 - 2004
  • Guardianship Reform Project, Equip for Equality, 1999 - 2001
  • National Association of Downs Syndrome (NADS), Member, Board of Directors, 1998 - 1999
  • National Association of Social Workers (NASW), Illinois Chapter, Ad-Hoc Committee to Rewrite Social Work Practice Act, 1994 - 1995
  • National Association of Social Workers, Member, 1991 - Present
  • National Association of Social Workers, Member, 1976 - 1984
  • National Association of Social Workers (NASW), Illinois Chapter, Member, 1976 - Present
  • School Board, Pope John XXIII, Member, 1994 - 2000
  • ACWS, Member, 1991 - Present
  • ACWS, Member, 1976 - 1984
  • Senguin Services, Human Rights Committee, Member, 1992 - 1996
  • Senguin Services, Human Rights Committee, Member, 1987 - 1990
  • Harris enCircle, Harris Bank, Chicago, Illinois, Advisory Board Member, 2008 - Present

Past Employment Positions

  • State of Illinois, Guardianship and Advocacy Commission, Legal Advocacy Service, Staff Attorney
  • State of Illinois, Guardianship and Advocacy Commission, Legal Advocacy Service, Legal Assistant
  • Illinois State Board of Education, Chicago, Illinois, Hearing Officer
  • County-wide Child Welfare Agency, LaSalle County Youth Service Bureau, Chief Executive Officer

Pro Bono Activities

  • Foundation for Human Development, Secretary since 2012
  • Chicago Volunteer Legal Society (CVLS), Volunteer Attorney since 2010
  • Guardian Ad Litem, Probate Court for the past 20 years