Illinois Guardianship Litigation
Litigation in Guardianships and Protection of Disabled Adults.
Unfortunately, issues often arise relating to the care and protection of disabled adults which require 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.
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.
More Info About Guardianship Litigation Services
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 or 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.
CONTACT US FOR A CONSULTATION
Ready to move forward with addressing your guardianship litigation needs? We’re here to help. Fill out the form below to get started.
Guardianship Litigation Articles
Andy and Antonia Hays talk to Chicago Lawyer Magazine about how their practice benefits from being partners in both business and life.
Since 2008, Andrew and Antonia Hays have run Hays Firm LLC, a Chicago-based practice specializing in estate, probate, trust & business law, including restaurant law and obtaining liquor licenses.
Guardianship proceedings are complicated and involved, but for many families they provide the peace of mind that comes from knowing that an elderly loved one is being protected and well cared for.