Obtaining a guardian for a loved one is a challenging process. Even coming to the realization that your loved one may need a guardian to help take care of them, handle their affairs, and make decisions on their behalf is difficult, and it’s a decision that requires deep thought and consideration. So once you’ve finally obtained a guardian for your loved one and the court has made it official, you’re hoping that all will be well. You hope that your loved one will be protected and well-taken care of. Sometimes, unfortunately, this isn’t the case.
Are you concerned that one of the worst things you can imagine may be happening to your loved one: that they’re suffering from abuse or neglect by their guardian? If so, their guardian needs to be held accountable for their wrongdoing, and your loved one needs protection. You need an attorney to help you get the justice your loved one deserves.
The Evanston guardianship litigation lawyers of Peck Ritchey, LLC have experience handling these complex matters and understand the compassion that is required to navigate such a delicate issue. Call us today at (855) 328-5787 or contact us online for a confidential consultation with one of our caring and skilled attorneys.
Guardianship Cases We Can Help You Litigate
When your loved one is under the care of their guardian, you expect their guardian to treat them as you would and to fulfill their legal and fiduciary obligations. When they don’t, they need to be held accountable. The Evanston guardianship litigation lawyers of Peck Ritchey, LLC can help you right wrongs the guardian has committed in cases such as these:
- Abuse and neglect – Any ward can be abused or neglected by their guardian, but elderly persons are especially susceptible to physical and psychological abuse as well as to neglect and financial abuse
- Financial exploitation – This occurs when a guardian or trustee intentionally misuses or steals a ward’s financial assets or misleads their ward as to the use of their assets or property.
- Breach of fiduciary duty – Guardians have a legal obligation to carry out their role honorably and with good intentions. When they do not, they are breaching their fiduciary duty as a guardian.
- Removing an executor of a will, trustee, or guardian
- Recovery and discovery of a ward’s assets
- Disputes related to the authority of a guardian and a ward’s power of attorney, executor, or other agent
We can represent you in any of the above disputes to help you reach the outcome that best protects your loved one.
Why Choose Us?
Peck Ritchey, LLC has served the people of Chicago for decades, helping them protect their assets, property, and the rights of their loved ones and themselves. We’ve built on our combined 100 years of experience by providing top-notch legal representation for our clients when helping them resolve legal matters related to:
- Estate planning and administration
- Wills and trusts
- Asset protection
- Probate litigation
- Guardianship litigation and administration
- Elder abuse and neglect
- Nursing home abuse and neglect
- Special needs planning
- Corporate law, including for small and family businesses
With licenses to practice law in Illinois and several other states and our memberships to both the Illinois and Chicago Bar Associations, we are committed to growing our already expansive knowledge of the practice of corporate, estate, guardianship, and probate law and continuing to hone our expertise so that we can best advocate for our clients every day. Our associations don’t end there.
One of our founding attorneys and managing partner, Attorney Kerry Peck, was previously the President of the Chicago Bar Association for over a decade. Attorney Peck is so knowledgeable about the law that he’s written one of the laws of the state of Illinois (the Elder Abuse and Neglect Act). In addition to Attorney Peck, our attorneys have been named Rising Stars in the legal industry, Super Lawyers by Thomson Reuter’s SuperLawyers, and Leading Lawyers by Leading Lawyers Magazine.
Not only are we committed to each and every one of our clients, but we’re also committed to promoting the advancement of our communities. Our attorneys believe in serving our Chicago community through our participation in several non-profit and civic organizations.
Frequently Asked Questions
If your loved one has a guardian, and you suspect something fishy is happening, you’ll no doubt have questions about how to proceed. Here are some questions our clients often have when they first begin to work with us.
How do I know if my loved one’s guardian isn’t doing what they’re supposed to be doing?
If you suspect that your loved one’s guardian is breaching their fiduciary duty, there are a few things you can look for to determine what’s going on. Does your loved one’s guardian appear to be untruthful? Is the guardian taking actions in regard to your loved one’s assets or property that seem out of line with their legal authority or without required approval? Does it appear that the guardian may be using your loved one’s property without approval or enriching themselves with your loved one’s assets? These are all questions you can ask yourself and look for evidence one way or the other.
Can I have my loved one’s guardian removed?
You can have your loved one’s guardian removed through legal proceedings in court. We can represent you by filing documentation and evidence with the court that supports the fact that your loved one’s guardian has been abusing, neglecting, or failing to properly fulfill their role as guardian.
What is the guardianship litigation process like?
We’ll first have a consultation with you to review the details of your claim against your loved one’s guardian. As your attorneys, we’ll conduct an investigation and collect evidence showing the guardian’s abuse. Because removing your loved one’s guardian is a legal process, we’ll have to file a petition with the court, and there will be court proceedings where we can present the evidence showing the guardian’s wrongdoing. The court will then make a decision regarding the removal of the guardian. If your older loved one has been the victim of elder abuse or neglect, we can help you pursue compensation from the guardian who caused them harm.
Call Peck Ritchey, LLC Today
If you’re concerned about your loved one’s well-being while they’re under the care of a guardian, you need an attorney to help you fight to protect them. Your loved one doesn’t deserve to be taken advantage of, and they deserve justice. The Evanston guardianship litigation lawyers of Peck Ritchey, LLC have decades of experience representing families working to protect the rights of their loved ones in guardianships. Call us today at (855) 328-5787 or contact us online for a private consultation.