Give us a call (312) 626-2537

Seeking Protection from Abuse

If you suspect abuse, it is first necessary to ascertain whether there a guardian has been appointed. If there is no guardian appointed, then the Hays Firm will help you ascertain if power of attorney documents or other Estate planning documents are in place. If there is a power of attorney in place, and you suspect that the agent acting under the power of attorney is financially exploiting the disabled or elderly adult, there are several courses of action one may take to protect the disabled individual.

First and foremost, if you are concerned about a serious crime or physical abuse, we encourage you to contact your local police department and your local center for the elderly. If your concerns are limited to financial exploitation, the Hays Firm can work with you to investigate whether any wrongdoing has taken place. Then, the Hays Firm can help you develop a plan to protect your loved one from further abuse.

If you suspect the court-appointed guardian is abusing or exploiting the disabled adult, you may be able to file a motion in court to bring the suspected abuse to the court’s attention. Because each case is different, we encourage you to contact our office and speak with an attorney or paralegal. The course of action taken inside or outside of the courtroom will largely depend upon the situation you and your loved one are facing.

Services Relating to Guardianship Litigation

  • Setting up trusts for a disabled adult family member with special needs/li>
  • Ensuring that a special needs trust is properly administered/li>
  • Review of all Power of Attorney documents/li>
  • Review of Court file relating to Guardianship proceedings/li>
  • Initiating and prosecuting the proceeding to remove Guardian/li>
  • Initiating and prosecuting claims for an Accounting by agent under Power of Attorney/li>
  • Representation in Court for persons objecting to guardianship/li>
  • Litigation relating to the validity of Power of Attorney documents

Recent Articles from our Legal Resources Section

  • Who Should I Appoint as My Power of Attorney for Healthcare Agent?

    Appointing a Healthcare Agent for Your Power of Attorney A Power of Attorney for Healthcare allows you to nominate a person to act on your behalf to make healthcare decisions based on your personal values and wishes when you are no longer to make these decisions for yourself. Here is a link to the form….

    Read More
  • Using Guardianship Proceedings to Protect Your Elderly Loved One

    If you have a loved one who still lives independently but you believe that they are vulnerable to thieves and financial predators, guardianship may be appropriate to protect them. Hays Firm LLC has recently opened several guardianship estates for individuals who are still capable of living independently. One client still drives to visit friends and…

    Read More
  • Chicago Elder Law Power of Attorney

    Protect Your Elder Loved Ones With Durable Power of Attorney Documents

    One of the simplest and most effective ways to protect your loved ones against exploitation as they age is to create an estate plan which gives power to a selected agent to manage their personal and financial affairs. Any well-crafted Estate Plan will include durable power of attorney documents. In power of attorney documents, a…

    Read More
  • trusts

    Tools to Protect Your Loved One Against Elder Abuse

    Tools to Protect Against Elder Abuse We have seen an increase in probate cases of elder abuse involving aging adults who are taken advantage of by people they know, trust, and love. Family members often discover too late that their parents or grandparents have been preyed upon by a caregiver or new “friend.” Senior citizens…

    Read More