Oak Park Guardianship Litigation LawyersIf you believe your loved one has been abused or taken advantage of by their guardian, do not hesitate to contact the Oak Park guardianship litigation lawyers of Peck Ritchey, LLC. We dedicate our time and resources to protecting the rights and well-being of dependents. Your family member should not continue to suffer at the hands of a negligent caretaker. Let us help you pursue your lawsuit to keep your loved one out of harm’s way.

When a person can no longer care for themselves, a guardian is necessary to take on the responsibility on their behalf. Guardians must see that the dependent is provided with the care they need to thrive and maintain good health. Unfortunately, some guardians are negligent in their duties or abuse the person they’re supposed to protect. You have a right to pursue a case to contest the guardianship when that happens.

At Peck Ritchey, LLC, our guardianship litigation lawyers in Oak Park, IL, will advocate for your loved one and fight for the justice they deserve. We understand the devastation of discovering someone responsible for your relative’s care has been abusive or negligent in their role as a guardian. It’s overwhelming to consider filing a lawsuit to remove them as guardian, but it might be your only option.

For a free consultation and to learn more about what Peck Ritchey, LLC can do to help you and your loved one, call (855) 328-5787 today.

Table Of Contents

    Guardianship Litigation Cases Peck Ritchey, LLC Takes

    At Peck Ritchey, LLC, we have experience pursuing a range of cases involving abusive or negligent actions at the hands of a guardian. The cases we commonly take include:

    • Financial exploitation – Financial exploitation involves the allocation or misappropriation of a person’s estate for personal gain by a trustee, guardian, or attorney.
    • Breach of fiduciary duty – A guardian breaches their fiduciary duty when they fail to act honorably, honestly, and in good faith while carrying out their legal obligations.
    • Elder abuse – Elder abuse can take many forms. The abused individual could pursue compensation for the losses they suffered during the physical, financial, or psychological abuse.
    • Validity of a power of attorney or an advanced directive – Disputes between a guardian and an executor, attorney-in-fact, agent, or trustee can arise if one party tries to claim authority over another. Additionally, outside institutions might not recognize the validity of an estate document affording one of the parties responsibility for the care of the dependent.
    • Citation to recover and discover assets – If it appears a guardian embezzled, concealed, or possessed property the decedent owns, a citation and investigation into the misconduct could occur.
    • Removal of a guardian, agent, trustee, or executor under power of attorney – It might be necessary to pursue a case for neglect, abuse of power, or malfeasance to remove an agent, guardian, or trustee.

    If you believe your loved one’s guardian took advantage of them in any way, contact Peck Ritchey, LLC to determine whether you have a case to pursue. One of our Oak Park guardianship litigation lawyers can review the circumstances and advise you about the available options for seeking legal action.

    Common Signs of Elder Abuse

    Oak Park Guardianship Litigation LawyersThere are often warnings signs of elder abuse. The ones you should look for will depend on the type of abuse you suspect occurred. The most common are listed below.

    Physical Abuse

    Physical abuse involves inflicting bodily injury or harm on an older adult. You might notice signs, such as:

    • Changes in mood
    • Unexplained injuries
    • Malnutrition or dehydration
    • Weight loss

    Psychological Abuse

    Psychological abuse occurs when a caretaker repeatedly uses verbal or nonverbal acts to cause psychological pain, distress, or anguish in an older adult. The most common signs include:

    • Sleep disturbances, such as insomnia
    • Being fearful of the guardian or another individual
    • Withdrawal from family and activities
    • Depression

    Social Abuse

    Social abuse involves isolating someone to make them more dependent on their guardian. Signs your loved one could be the victim of social abuse include:

    • Preventing contact with your loved one
    • Limiting the elder’s access to social events and activities
    • Controlling communication between you and your loved one, such as disconnecting the call prematurely or only allowing specific topics to be discussed
    • Withholding mail and other written or digital correspondence between the elder and their family

    Sexual Abuse

    Sexual abuse occurs when a guardian engages in unwanted and forced sexual contact with an elder. Common warning signs of sexual abuse include:

    • Bruising or bleeding in the genital or anal area
    • Inappropriate behavior between the guardian and your loved one
    • Newly diagnosed sexually transmitted disease (STD)
    • Unusual or sudden changes in mood

    Signs of Breach of Fiduciary Duty

    Breach of fiduciary duty is common when a dependent individual has an appointed guardian responsible for managing assets. Common signs of a breach of fiduciary duty can include:

    • Omissions or errors in accounting
    • Selling assets held by the estate without approval from the court
    • Failing to follow instructions in a trust or will
    • Using the property for personal gain

    Signs of Financial Exploitation

    Financial exploitation can be difficult to notice, especially if no one other than the guardian has access to the dependent’s finances. However, there are signs you should look for if you suspect your loved one has become the victim of financial exploitation.

    A common sign is when the guardian sells or transfers assets with no documentation or explanation of it being the dependent’s wishes. It might seem like the sale doesn’t further your loved one’s interests or provide financial stability for their future.

    Significant withdrawals from a bank account can be another sign of financial exploitation. If you know the login information for your loved one’s online accounts, you should check them regularly to ensure there isn’t any unusual activity. Discovering the passwords on any online accounts that have changed without notice could indicate fraudulent activity.

    Contact Peck Ritchey, LLC

    Peck Ritchey, LLC has represented individuals who have suffered the consequences of a guardian’s negligent or abusive actions. Our Oak Park guardianship litigation lawyers have more than 100 years of combined experience handling guardianship litigation cases. You can count on us to fight for your loved one and protect them from further harm.

    Call Peck Ritchey, LLC at (855) 328-5787 for a free consultation if you believe your family member’s guardian took advantage of them and want to contest their guardianship.


    Testimonials

    Attorney Kyle Fahey handled our matter with skill and professionalism, and was always responsive. 10/10, would work with him and the firm again.

    –Jon T.

    The peace of mind that Peck Ricthey’s office has given me is worth every penny. The services they provided me and my family in an emergency medical situation is beyond outstanding. Last minute notice, Peter Brady and team were compassionate, understanding and most importantly efficient and got the job done. Look no further if you have any needs that this office can provide for you. Definitely in good hands! Thank you, a thousand times over for all of your help.

    –Christine K.

    Very responsive and knowledgeable at handling our brother’s estate. Would definitely recommend!

    –Ralph C.

    I solicited Peck Ritchey, LLC for assistance with a living trust for which I became the beneficiary. I needed assistance with understanding the details of how it all worked. However, I was especially concerned because there were threats of allegations made by family members and a lawsuit was filed against me. I needed a solid professional who had my best interests in mind. Peter Brady took my case and he managed it flawlessly. He explained everything in a way I could understand, he knew the law inside and out, he was always available to answer questions, and even offer support when things seemed like they could become extremely problematic. In addition to this, he had a plan. He navigated the course as if he already knew the next move by the opposing attorney. He made me feel like everything was in control and that’s because he knew exactly what he was doing and he consulted with me about everything. We ended up settling out of court and ultimately the court officially dismissed the lawsuit. I honestly believe if it wasn’t for Peter and his expertise this could have gone in an entirely different direction. Peter did a stellar job and I couldn’t be more pleased and impressed with his performance.

    –John T.

    Tim Ritchey is as smart, honest, and genuine as they come. He truly puts helping people above making money. If you have a need, don’t hesitate to hire him.

    –Jay T.

    Due to the nature of our case, the law firm Peck Ritchey was recommended to us by another probate attorney for our Will contest. Kerry Peck and Kyle Fahey were very upfront and honest with us with respect to the potential outcome and the costs associated with their representation and any litigation. Although the chance of prevailing was minimal, a decision to move forward with their representation was made. They developed and executed upon a strategy that addressed our wishes for the best possible outcome and they delivered! We could not be happier. Both attorneys are extremely good listeners and communicators. Further, the team supporting them has been very accommodating to our needs. We would highly recommend this firm.

    –Sandy K.

    Tim and his staff was very helpful with my estate planning. I appreciated his thorough nature. I would recommend Peck Ritchey to others looking for estate planning.

    –M.S.

    My experience was flawless and very professional. Would highly recommend.

    –-N.S.

    I worked with Jesse Footlik and he was great! He was so easy to work with, explained our options clearly, and had true heart for the matter. I could tell he cares about the people he works with, and searches for solutions that will fit best with their circumstances.

    –L.K.

    Tim and his team exude professionalism, timeliness, and have a unique dedication to client needs. It is a pleasure working with them. For estate planning, succession planning, or just a general factfinding conversation about what they may be able to do for you, there is no one better in the area.

    –S.H.

    Kerry Peck with Kyle Fahey did outstanding work helping settle a difficult, complicated, contentious and sensitive personal matter. They were available by phone, email and text at all times during the day, night and weekend to quickly resolve the matter with the best outcome possible for their client. Thank you!

    –S.S.

    I cannot say enough wonderful things about this firm. The professionalism, knowledge, skills, attention to details, and constant updates were above my expectations. And the bonus was having a better outcome than I could have imagined. Jesse & Nick managed an emotional and difficult situation with care and respect. They are a top-notch team with excellent customer service and have very fair and reasonable prices. I would not hesitate to use this firm for any of your needs.

    –Debbie M.

    Peck Ritchey did an excellent job of resolving a very difficult estate matter.

    –Scott S., Barrington Hills, IL

    Thank you so much for your consistent attention to our case this past year. We were fairly small potatoes, yet you actually ‘got back’ and stayed on it. There were times when the government seemed to drop the ball more than my little league outfield, but my attorney was there. I realize that you actually went beyond the scope; I truly do appreciate your work.

    –Kirt G., Chicago, IL

    My family is so grateful for the positive outcome in my mother’s guardianship trial that had divided our family. Tim Ritchey and the Peck Ritchey team were very professional and thorough in stepping up in an emergency situation and preparing for trial. Peck Ritchey provided us with the peace of mind that my mother will be cared for throughout the rest of her life.

    –Kevin G. Chicago, IL

    Peck Ritchey both represents us defending our funding decisions, but also represents the best in leadership and support for issues that can change the quality of life of older persons. We are grateful that we are represented by a group of thoughtful and skilled experts on the law, and great colleagues in making the law work for our older clientele.

    –Jon L., Oak Park, IL

    I was Legal Guardian and Executor for mother who had passed away 12 years ago. There were two wills. One my mom wrote and another an aunt forced her to change while she had dementia. My former attorney advised me to pay the surety bond for all these years. He lost the original will and the file and closed down his office. My brother who was on SSI was still living in my mother’s apartment, and the estate was left to my mother’s four children. One sister wanted us to buy her out. She was impossible. Peck Ritchey worked with sister’s attorney, helped my brother and closed the estate with all its complications in a few months. We were all concerned that this would turn into a legal mess but they were true professionals, kind, caring and answered all our questions. This the law firm you want on your side. I highly recommend them regarding estates, legal guardianships and drawing up wills.

    –Ellie W., Chicago, IL
    Accolades to Peck Ritchey (in particular, Ron Webb), for handling our estate issues professionally and expediently. We connected after attending a very informative presentation on estate planning, offered to retired educators. Everything was explained thoroughly, encouraging us to seek Ron Webb’s assistance and expertise. Thank you for a valuable experience and for giving us peace of mind for the future.
    –Myrna B., Palos Heights, IL

    Peck Ritchey was there with great advice when my family most needed it the most. They got my daughter’s guardianship done on time, and referred us to an expert social worker so we could get her cases through the complicated government systems. The social worker found that the trust put together by others were not in order. Peck Ritchey made new trust documents or amended existing trusts as needed and improved other existing documents. What I appreciate most is they explained it in plain English so I could understand what had to be and what has been done. I am grateful for everything they did and how they did it!

    –Victor O., Chicago, IL

    Very professional handling of my mother’s estate. Ron was there every step of the way and so were his paralegals I might add – from coming to Rush University when my mom was too sick to come to the office, and taking my phone calls, and always answering my questions, I can’t thank him enough! I am truly grateful for the wonderful experience with Peck Ritchey especially since it is already stressful enough when a loved one is ill. Thank you so much! We will be using your firm for our own estate planning in the very near future, I would definitely recommend Peck Ritchey.

    –Brenda S., Crystal Lake, IL

    Peck Ritchey’s guidance in planning my affairs was practical and easy to understand. They drafted a plan for me that was complete and would grow with me as my future needs develop. I feel confident that our planning would handle any situation that could arise and that if an unforeseen event would occur, Peck Ritchey would be accessible to swiftly handle any additional work.

    –Mike T., Highland Park, IL

    Thank you so much for all of your work and time you spent in facilitating the purchase of our first home. I know we provided you with a short deadline and we appreciate both of you making it happen. The Escrow Officer commented on how seamless everything was for our close. We are extremely grateful for all of your effort. Thank you again!

    –Steve T and Anna C

    Kerry Peck and Jesse Footlik represented me in an extremely complex and litigious trust dispute involving numerous parties. After several years of litigation, the case was settled with a very successful outcome.

    Kerry and his team of diligent attorneys help develop creative and detailed strategies that proved to be an excellent solution and produced the results I was hoping to achieve. During the duration of the lawsuit, communication with the attorneys was timely and thorough. Their passion and attention to detail was genuine and unwavering during the entire ordeal. I was very fortunate to have the Peck Ritchey team for representation and it was a great experience working with them. Knowing that the stakes were extremely high in the trust dispute Peck Ritchey, LLC was the right firm to handle a litigious case of this magnitude.

    –Harvey C, Chicago

    I wanted to express my gratitude to you and your firm’s generosity for providing pro bono legal counsel for a client of mine. Brandon Peck and Kyle Fahey both provided excellent legal representation to an older client who did not have the financial resources for retaining private legal representation and could not obtain any pro bono legal representation from any agencies that support victims of domestic violence. Your firms generosity and willingness to assist a client in need is greatly appreciated. The outcome was what my client hope for and knowing that she will remain safe in her home was the best result. Thank you for the support and services your firm provided to the Adult Protective Service program at North Shore Senior Center.

    –Holly Lichtman, LCSWProgram Supervisor, Adult Protective Services

    If you want a great experience with your estate planning needs, then you owe it to yourself to visit with Ron Webb at Peck Ritchey.

    He explained all the intricacies of optimizing our estate planning needs in a knowledgeable and very friendly manner. It was truly a pleasure working with him and the staff at Peck Ritchey. We highly recommend their services.

    –Larry and Judy F., Crystal Lake, IL

    We would like to express our sincere gratitude to Kerry Peck and Jesse Footlik for the professional and courteous manner in which Peck Richtey have assisted us during the past couple years. You will never know how much it meant to us.

    –Kathy S from Champaign

    I was referred to Peck Ritchey by a former judge after he heard the problems I was having in my case with my first attorney. Kerry Peck and Tim Ritchey are experienced and professional litigators who helped turn my case around for me. I wish I would have gone to them first. They helped me in a contested will and trust matter and were exceptional. I would recommend them highly for any estate, will, or trust matter!

    –J.F., Chicago

    We were extremely impressed with Peck Ritchey’s representation of us in complex litigation involving contested deeds, powers of attorney, and hundreds of acres of family farmland. Kerry Peck and Jesse Footlik were steadfast in their commitment to winning our case, which ultimately resulted in a tremendous settlement for us. Although our case was located in “downstate” Illinois, Kerry and Jesse’s timely and thorough communication made us feel like their office was right next door. We could not be more pleased with their services and the outcome of our case.

    –K.S and K.S., Edgar County, IL

    When my Mom passed, I discovered that a family member had changed Mom’s will after she had dementia. For almost two years, I worked closely with Tim Ritchey and Kyle Fahey. They presented such a compelling case and clearly had no fear of taking it to trial, that the opposing counsel caved on the day of trial. With his outstanding negotiating skills, Tim was able to balance just the right amount of pressure, patience, and professionalism to give us a substantial advantage at the settlement table. In addition to the huge settlement we won, I am so grateful to Kyle and Tim for their thoughtful, compassionate and dedicated approach to such a sad family conflict.

    –S.W.

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