Chicago, IL Guardianship Litigation Lawyers
Guardianship Litigation and Protection of Disabled Adults.
Unfortunately, issues often arise relating to the care and protection of disabled adults which require guardianship litigation. Abuse and exploitation by a guardian is rare, but it does occur even when the guardian is a family member. If you suspect abuse of an elderly person or a disabled adult, it is first necessary to ascertain whether a guardian has been appointed. If there is no guardian appointed, then we will help you ascertain if power of attorney documents or other estate planning documents are in place. First and foremost, if you are concerned about a serious crime or physical abuse, we encourage you to immediately contact your local police department and your local center for the elderly. State and local agencies treat reports of elder abuse very seriously and they will investigate the matter.
If your concerns are limited to financial exploitation, we can work with you to investigate whether any wrongdoing has taken place. Then, we 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.
GUARDIANSHIP LITIGATION LEGAL SERVICES
Our experienced Illinois guardianship litigation attorneys can provide the following legal services:
REVIEWING ALL POWER OF ATTORNEY DOCUMENTS
We will review all estate planning documents to determine whether a power of attorney has been appointed.
REVIEWING COURT FILE RELATING TO GUARDIANSHIP PROCEEDINGS
We will determine whether a guardian has been appointed by the court.
REMOVING GUARDIAN
We will initiate and prosecute the proceeding to remove the guardian suspected of abuse or other breaches of duty.
CLAIMS FOR AN ACCOUNTING
We will initiate and prosecute claims for an accounting by the guardian or by an agent under a power of attorney.
OBJECTING TO GUARDIANSHIP
We provide representation in Court for persons objecting to a guardianship.
VALIDITY OF POWER OF ATTORNEY DOCUMENTS
We will prosecute claims addressing the validity of power of attorney documents.
GUARDIANSHIP LITIGATION SERVICES FAQ
WHAT RIGHTS DOES A PERSON HAVE IN A GUARDIANSHIP PROCEEDING?
A respondent has many rights in a guardianship proceeding. These rights include a right to object to guardianship proceeding and fight against the petition for guardianship over them. They also have the right to their own attorney to represent them to fight the petition.
MY SIBLING IS SEEKING GUARDIANSHIP OVER OUR PARENT. CAN I OBJECT OF FIGHT THIS?
Yes. You can file a cross petition for guardianship and the court will decide who will be the guardian of the estate in the guardian of the person.
I AM CONCERNED THAT MY LOVED ONE IS NOT BEING PROPERLY CARED FOR BY HIS/HER GUARDIAN. HOW CAN I NOTIFY THE COURT OF THESE CONCERNS?
If you are a family member, you are an “interested party” in the guardianship proceeding under the Illinois Probate Act. You can petition the court for relief related to your concerns. Also, you can file objections to any accounting filed by the guardian.
IS IT POSSIBLE TO REMOVE A GUARDIAN?
A guardian may be removed if they are abusing their power and breaching the fiduciary duty to the ward. This is accomplished by an interested party filing a petition seeking the removal of the guardian. After an evidentiary hearing, the court will decide whether the guardian should be removed.
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GUARDIANSHIP LITIGATION ARTICLES
OUR TEAM
“Our legal team has knowledge and experience to guide our clients through difficult legal procedures and issues. We are dedicated to providing quality legal services with integrity and respect for our clients.”
ANDREW HAYS | PRINCIPAL
Mr. Hays is the principal of the firm and a graduate of Loyola University Chicago (1997) and the Illinois Institute of Technology’s Chicago-Kent College of Law (2005). While in law school, Mr. Hays served as a judicial intern for Honorable Judge Allan S. Goldberg, who then presided over commercial matters in the Circuit Court of Cook County. Upon receiving his J.D., Mr. Hays worked as an associate attorney at a small Chicago firm for two years before branching off and beginning Hays Firm in Chicago in 2008.
Mr. Hays concentrates his practice in the areas of guardianship, decedent’s probate estates, and estate and trust litigation. He is admitted to the Trial Bar of the Northern, Central, and Southern Districts of the United States District Court of Illinois.
For the past five years, Mr. Hays has been selected as a Super Lawyer in the practice of estate and trust litigation. Only 2.5% of the top attorneys in Illinois receive this award annually for their outstanding dedication to the legal profession. Previously, he was selected by Super Lawyers as a Rising Star in 2011, 2012, 2014, and 2015.
ANTONIA HAYS | FIRM PARTNER
Ms. Hays is a partner at Hays Firm in Chicago. She received her B. A. from Loyola University Chicago (1996) and graduated magna cum laude. Ms. Hays received her J. D. from Loyola University Chicago School of Law (2001). She is a member of the Phi Beta Kappa Society, the nation’s oldest and most prestigious academic honor.
Her practice includes the handling of complex and multiparty litigation involving estates and trusts, guardianship matters, contractual disputes, commercial disputes, breach of contract actions, and other areas of civil litigation.
Ms. Hays is a member of the Illinois Bar and is also admitted to practice in the Federal District Court for the Northern District of Illinois. She is a member of the Illinois State Bar Association and Chicago Bar Association. Ms. Hays was named as a 2011 Illinois Rising Star by Super Lawyers magazine in the field of Business Litigation.
JONATHAN LEVY | ASSOCIATE
Mr. Levy is a graduate of the University of Cincinnati (1993) and the University of Illinois Chicago School of Law (1997). Following law school, he served as a judicial intern for Honorable Judge Dean M. Trafelet, who presided over commercial matters in the Circuit Court of Cook County. Upon receiving his J.D., Mr. Levy worked as an associate attorney at a medium-sized firm in Chicago for five years before branching off into his own business.
Mr. Levy concentrates his practice in guardianship, decedent’s probate estates, and estate and trust litigation. He is admitted to the Trial Bar of the Northern District Court of Illinois and is a member of the Illinois State Bar Association.
