Elder Law Litigation

Disputes involving the rights, care, and assets of an elderly loved one are among the most emotionally taxing challenges a family can face. When disagreements arise over guardianship, the validity of a will, or suspicions of financial exploitation, the situation requires swift, decisive, and knowledgeable legal action. For families in Elgin, IL, confronting these sensitive issues, it is crucial to have an advocate who not only understands the complexities of elder law but also has the courtroom experience to protect the interests of vulnerable adults.

The Law Offices of Anthony R. Scifo provides tenacious and compassionate representation in all forms of elder law litigation. We understand the profound responsibility of advocating for seniors and are committed to fighting for their dignity, security, and rights. If you are involved in a dispute and need an experienced elder law litigation attorney in Elgin, IL, who will stand up for your loved one, contact our office for a confidential consultation at 847-628-8311.

What is Elder Law Litigation?

Elder law litigation refers to the legal process of resolving disputes involving older adults through the court system. Unlike the collaborative nature of estate planning, litigation arises when parties cannot agree on critical issues. These cases often involve significant emotional stress and high financial stakes, requiring a lawyer who is both a skilled negotiator and a formidable trial attorney. Our firm is prepared to handle these contentious matters, providing robust representation to protect our clients’ interests in court.

Our litigation practice is focused on holding the right people accountable and ensuring that the final wishes and best interests of the elderly individual are honored. We handle cases throughout Kane County and the surrounding areas, bringing a depth of local court experience to every matter.

Our Elder Law Litigation Services in Elgin, IL

Our firm has a proven track record of successfully handling a wide range of complex and contested elder law disputes. We provide strategic legal counsel and aggressive advocacy in the following areas:

Contested Guardianship Proceedings

When a loved one becomes unable to make decisions for themselves, appointing a guardian may be necessary. However, family members may disagree on who should be appointed or whether a guardian is needed at all. We represent family members, concerned relatives, and other interested parties in contested guardianship hearings, advocating vigorously to ensure the person appointed is trustworthy and capable of protecting the ward’s best interests.

Will and Trust Contests

The discovery of a will or trust that seems suspicious can cause significant family turmoil. We handle litigation involving challenges to these documents on various grounds, including:

• Undue Influence: Arguing that a person in a position of power coerced or manipulated the deceased into creating or changing a will or trust.
• Lack of Capacity: Presenting evidence that the deceased was not of sound mind when they signed the document.
• Fraud or Forgery: Contesting a document that was created through deceptive means or contains a forged signature.

Financial Exploitation and Abuse Claims

Seniors are often targets of financial exploitation by caregivers, relatives, or even strangers. We take decisive action to stop this abuse and recover stolen assets. This includes initiating legal proceedings to freeze assets, void fraudulent transactions, and hold the responsible parties accountable for their actions through Illinois’ “Citations to Recover Assets” process.

Why Elgin Families Choose Us to Champion Seniors’ Rights

Choosing an attorney for an elder law dispute is a critical decision. You need a firm that not only understands the law but also appreciates the sensitive family dynamics at play. The Law Offices of Anthony R. Scifo is the trusted choice for families in Elgin because we combine legal acumen with a compassionate, client-focused approach.

Experienced and Respected in Kane County Courts

Anthony R. Scifo’s extensive experience in the local court system, including his role as a court-appointed Guardian ad Litem, gives our firm unique credibility and insight. We understand the local rules, procedures, and judicial perspectives, which is a significant advantage in any litigated matter. This experience allows us to navigate the system efficiently and advocate for our clients from a position of strength and respect.

A Commitment to Protecting the Vulnerable

Our firm was built on a foundation of protecting those who need it most. We see our work in elder law litigation not just as a legal practice, but as a profound responsibility to the community. We are passionate about defending the dignity and autonomy of seniors. This core mission drives every action we take and is a cornerstone of our firm’s philosophy.

Frequently Asked Questions About Elder Law Disputes

What are the first signs of financial exploitation of an elder?

Common warning signs include sudden changes in a will or estate plan, unexplained withdrawals from bank accounts, the appearance of new “best friends” who isolate the senior, or unpaid bills despite adequate financial resources. If you see these signs, it is crucial to contact an attorney immediately.

How long do I have to contest a will in Illinois?

In Illinois, a petition to contest the validity of a will must typically be filed within six months from the date the will is admitted to probate. This is a strict deadline, making it essential to act quickly if you have concerns about a will’s legitimacy.

What does a Guardian ad Litem (GAL) do in a guardianship case?

In a contested guardianship case, the court appoints a Guardian ad Litem (GAL) to act as an impartial investigator. The GAL interviews the person alleged to be disabled, family members, and medical providers to make a recommendation to the judge about what is in the person’s best interests. For more information, the Illinois Guardianship & Advocacy Commission is a valuable state resource.