Securing and protecting
what matters most when
someone you love
can no longer advocate
for themselves.
GUARDIANSHIP LITIGATION
“Guardianship law is about looking after people who can’t look after themselves and keeping them safe. Our typical client in a guardianship case is someone with a loved one who is elderly and they’re concerned about their ability to make sound decisions regarding their healthcare or personal finances, or they’re concerned that they might be susceptible to abuse. As their guardianship litigation attorney, we work with them to make sure protections are in place, whether it’s a guardianship, a power of attorney, or some other means.
If putting a guardian in place is the best solution, we go through the process of appointing a guardian to look after their best interests and report to the court annually on everything related to that person’s well-being including their healthcare and finances.”
| Andrew Hays
“Compassion is what’s needed in this business. They get more involved with their clients and that’s what it’s all about.”
What to do and who can help if you need a guardianship litigation lawyer in the Chicago area.
In many families, issues relating to the care and protection of disabled adults arise requiring the help and counsel of a guardianship litigation lawyer at a guardianship law firm like Staza Law. Though abuse and exploitation by a guardian is rare, it does occur even when the guardian is a family member.
If you suspect abuse of an elderly person or a disabled adult, and you are concerned about a serious crime or physical abuse, we encourage you to immediately contact your local police department, as well as Illinois’ Adult Protective Services, a program that investigates reports of abuse, neglect, exploitation, and self-neglect of adults age 60 or older, and adults age 18-59 with disabilities living in the community. To report suspected abuse, neglect, exploitation of and self-neglect of an older person, call the statewide, 24-hour Adult Protective Services Hotline: 1-866-800-1409. State and local agencies treat reports of elder abuse very seriously and they will investigate the matter.
Next, you need to ascertain whether a guardian has been appointed for that individual. If there is no guardian appointed, one of our guardianship litigation lawyers at Staza Law can help you determine if power of attorney documents or other estate planning documents are in place.
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 a disabled adult, we can 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 Staza Law and speak with a guardianship litigation 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.
What legal services do Chicago guardianship litigation attorneys provide?
Our experienced Chicago guardianship litigation attorneys offer clients 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
OBJECTING TO GUARDIANSHIP
VALIDITY OF POWER OF ATTORNEY DOCUMENTS
We will prosecute claims addressing the validity of power of attorney documents.
SPECIAL NEEDS TRUSTS
We understand the unique needs of individuals with disabilities and their families. Our firm creates specialized trusts that provide financial support to loved ones with special needs while ensuring their eligibility for government benefits. Learn More
“Lawyers can be very cold sometimes. Not this firm. They feel for the people they’re representing.”
A Chicago guardianship litigation attorney’s answers to FAQs.
Q
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.
Q
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.
Q
I AM CONCERNED THAT MY LOVED ONE’S GUARDIAN IS NOT PROPERLY CARING FOR HIM/HER. HOW CAN I NOTIFY THE COURT?
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.
Q
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.
“Everyone I spoke with at this firm was kind and empathetic. High quality experience from beginning to end.”
The Staza Law blog has answers.
