Elder Law Attorneys in Chicago, Illinois
Advising aging clients and their families through a wide range of legal matters
The term “Elder Law” refers to the areas of law that affect or relate to individuals who are older, disabled, or are approaching the end of their lives. There is not a “magic age” in which elder law concerns should be addressed. However, our firm encourages any individual age 50 or over to review his or her estate plan, including wills, trusts, and power of attorney documents.
At Hays Firm LLC, our Chicago-based elder law attorneys work with and help our clients to make plans for the future. The future may entail a time period in which our clients are incapacitated and unable to make their own personal and financial decisions. Our experienced attorneys also help guide our elder law clients as they work to provide for their families after death. We recognize the importance of arranging your affairs well in advance, preparing for a time when you may be unable to express your wishes.
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Elder Law Legal Services
Our elder law attorneys can assist you with the following legal services:
Attending to the unique needs of our older clients and creating pragmatic estate plans for those individuals and families.
PLANNING FOR INCAPACITATION
Planning for a period when a person cannot make personal decisions and financial decisions for themselves.
PLANNING FOR AFTER DEATH
Establishing a comprehensive estate plan to provide for your family after your death.
PREVENTING FINANCIAL EXPLOITATION
Creating protections from financial exploitation of an elderly person or a person with a disability by a person in a position of trust or confidence.
ADDRESSING SUSPECTED FINANCIAL EXPLOITATION
Listening to concerns and identifying your rights and options for seeking a remedy to the situation.
IDENTIFYING ELDER ABUSE
Addressing the crimes against the elderly and financial abuse of elderly persons that often go unnoticed, continuing for many years.
PROTECTING LOVED ONE FROM ELDER ABUSE
Planning with one of our attorneys to protect yourself and your elderly loved ones from elder abuse.
More Info About Elder Law Services
What are some signs of financial abuse of an elderly individual?
Withdrawals from bank accounts which your loved one cannot explain: A new “friend” who is spending a lot of time with your loved one; Your loved one making purchases or spending money on their new “friend”; Missing financial statements; or Bills being left unpaid. If you believe that you or a loved one has been the victim of financial exploitation, please contact one of our attorneys for a free one hour consultation. We also encourage you to contact Illinois Adult Protective Services. Our attorneys can attempt to intervene, recover stolen property or funds, and prevent financial abuse. Please let us know how we can help.
How can I avoid court involvement in my healthcare and financial decisions when I am no longer able to manage my affairs?
Power of attorney documents allow you to name an agent that can make decisions for you in the event that you are no longer able to do so. For example, in a “Power of Attorney for Property”, you name an agent who can make decisions regarding your finances. Likewise, in a “Power of Attorney for Healthcare”, you name an agent who can make decisions for your health care and for your end of life care. In the event you become incapacitated, your agent will be able to step in. Andrew Hays and his legal team at Hays Firm LLC in Chicago are knowledgeable attorneys who have a great deal of experience advising on and securing power of attorney for clients who wish to protect the rights of their loved ones. Please contact us to talk about how we can help.
My loved one’s caregiver just received a large sum of money. It seems fishy?
The Illinois statute entitled “Presumptively Void Transfers” protects all individuals from coercion by their caregivers. Under the statute, any transfer of property valued at over $20,000 to a “caregiver” is deemed void unless the caregiver can prove by clear and convincing evidence that the transfer was not the product of coercion and undue influence by the caregiver. This is a very high burden of proof which makes it very difficult for caregivers to prey on the sick and elderly. If you are in a situation where there is a dispute regarding a transfer to one of your loved one’s caregivers, please do not hesitate to contact us to discuss how we can help.
What law protects the elderly from financial exploitation?
Illinois statute protects elderly individuals from those who seek to financially exploit them by coercing the elderly into amending their estate plans. Illinois also has a specific agency, Adult Protective Services, that is designed to prevent abuse, neglect, and financial exploitation of the elderly and people with disabilities between the ages of 18-59. Exploitation can take many forms. However, a common form is one in which the exploiter establishes the trust of the elderly individual and then coerces them to amend their estate plan to provide a financial benefit to the exploiter. If you believe that you or a loved one were excluded from a will or trust as a result of someone’s financial exploitation of an elderly individual and would like to discuss your rights and options for seeking damages, please contact us.
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