Estate Litigation | Guardianship LitigationGuardianship Litigation and Guardianship Duties

Guardianship implies the legal responsibility to manage various duties on the behalf of a dependent person, known as a ward. Guardianship litigation may come into play any time that guardian does not fulfill their determined obligations to ensure the protection and safety of the ward.  The duties required of the guardian vary with circumstance but they may include:

  • Asset management
  • Personal property protection
  • The payment of personal bills and medical bills
  • Filing income tax returns and handling other annual accounting duties
  • Performing or arranging for appropriate health care
  • Responding to any other day-to-day needs of the ward

Failure to complete any of these obligations may be grounds to pursue guardianship litigation.

Guardianship litigation most often involves a challenge to the legal guardianship of a special needs person, dependent elderly person, a minor or an otherwise dependent person. Our Chicago estate litigation attorneys realize that mistreatment of dependent persons, whether on a financial, emotional or physical level, violates legal and moral rights and demands an immediate response. Our estate litigation lawyers strive to provide fast, responsive and personalized legal counsel to promote proper guardianship and ensure the protection of your loved ones.

Reasons for Guardianship Litigation

Guardianship litigation most often results from financial exploitation, physical or emotional abuse, or negligence. Financial exploitation may involve the mismanagement of funds, theft, embezzlement or undue influence. In fact, financial exploitation is becoming an unseen epidemic for the elderly with only 1 in 44 cases of financial abuse being reported. Physical and emotional abuse can also come in many forms ranging from domestic violence and harassment to threats of abuse and intimidation. Negligence can also complicate financial exploitation and physical and emotional abuse through passive neglect, where the guardian fails to provide adequate food, health resources and other necessities. In any case, it is crucial to be proactive in the event of a breach of guardianship duties. Contact on our estate litigation attorneys to ensure the proper guardianship of your loved ones.