Elgin Elder Law Litigation Attorney

Discovering that a vulnerable elderly loved one may be the victim of financial exploitation is a devastating and heartbreaking experience. This form of abuse is particularly insidious as it is often perpetrated by those in positions of immense trust—family members, caregivers, or agents under a power of attorney. At The Law Offices of Anthony R. Scifo, we are dedicated to protecting the rights and assets of seniors in Elgin and throughout Illinois. Our elder law litigation team takes swift, aggressive legal action to stop abuse, hold wrongdoers accountable, and recover stolen assets.

If you have noticed suspicious financial activity or are concerned about a loved one’s well-being, it is critical to act immediately. Waiting can result in the permanent loss of a lifetime of savings. We handle these sensitive matters with the discretion and compassion they require, while providing the powerful courtroom advocacy needed to win. To discuss your concerns in a free and completely confidential consultation, call our Elgin office now at (847) 628-8311..

Recognizing the Warning Signs of Elder Financial Abuse

Financial exploitation of the elderly often happens behind closed doors. Family members should be vigilant and aware of the common red flags. If you notice any of the following, it is time to consult with an attorney:

• Sudden, unexplained changes to a will, trust, or property deeds.
• Large, unusual withdrawals from bank accounts or atypical credit card charges.
• A new “best friend,” caregiver, or relative who is isolating the senior from other family members.
• The senior’s name being removed from bank accounts or their name being added to another person’s account.
• The appearance of forged signatures on checks or legal documents.
• A sudden and uncharacteristic reluctance to discuss financial matters.
• Bills going unpaid despite adequate financial resources.

If you suspect abuse, the official Illinois Department on Aging’s Adult Protective Services is a vital resource for reporting and intervention.

Our Areas of Focus in Elder Law Litigation

Our firm concentrates on complex litigation involving the financial exploitation of seniors and disabled adults. We have a deep understanding of the legal tools required to fight and win these challenging cases.

Power of Attorney (POA) Misuse

An agent under a POA has a strict legal “fiduciary duty” to act only in the best interests of the principal. We litigate cases where agents have breached this duty through self-dealing, making improper gifts to themselves, or spending the senior’s money for their own personal benefit.

Caregiver Financial Abuse

Seniors who rely on caregivers are uniquely vulnerable. We handle cases involving caregivers who have exploited their position to steal cash, forge checks, misuse credit cards, or exert undue influence to have themselves added to bank accounts or named as beneficiaries in an estate plan.

Asset Recovery & Contested Guardianship

When an abuser has taken control of assets, we file lawsuits to get them back. Our primary goal is aggressive asset recovery. We use legal actions like “Citations to Discover and Recover Assets” to freeze accounts, reverse fraudulent property transfers, and obtain judgments against the wrongdoer. If the senior is incapacitated, we can also petition the court for a contested guardianship to remove the abuser and appoint a trusted guardian to protect the victim and their estate.

Frequently Asked Questions About Elder Law Litigation

What is my first step if I suspect financial abuse?
Gather any financial documents you can legally access and contact an experienced elder law litigation attorney immediately. Do not confront the suspected abuser, as this may cause them to destroy evidence, hide assets, or further isolate your loved one from help.

What is “undue influence”?
Undue influence is a legal claim that a wrongdoer used their position of power and trust to manipulate a vulnerable person into making financial or estate planning decisions that they would not have made on their own. It is a common basis for invalidating a will, trust, or deed.

Can we actually get the stolen money back?
Yes. While it can be a challenging process, the goal of an asset recovery lawsuit is to obtain a court judgment for the amount that was stolen. We can then use post-judgment collection tools to seize the abuser’s bank accounts, garnish their wages, or place liens on their property to satisfy the judgment.

A Strong Advocate for Vulnerable Seniors. Contact Us Today.

Protecting our elders is one of our most important duties. If you believe a loved one is a victim of financial exploitation, The Law Offices of Anthony R. Scifo is here to provide the powerful legal advocacy needed to restore justice and protect their legacy.

Call our Elgin office now at (847) 628-8311 for a free and strictly confidential consultation.