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How can a financially disadvantaged family member defend disabled mother against guardian abuse, Trust Estate Violations?

Downers Grove, IL |

Living will , land trust , set up as corporation, voting , family disability clause- applies, in general quite specific, appears such not being followed-enforced, needs policing possible examiners audit.

GAL) dismissed by court. Motions passed to the best of my knowledge undefended. One Sided, trust undefended. trust contains disability clause as family member voting. My mother is disabled and has requested help. She has no phone or access to such at the facility, her only way to communicate is threw me. Yes, the trust is complex, the issues are complex and trust not being observed? I have no access to funding but do have voting priveleges. the problem no funding no recognition. It appeats all that is left is put this whole mess up to public appeal through the media and the court in the name of moral justice. My mother has repeatedly requested help, such is no where to be found?

Attorney Answers 4

  1. Is a guardian of the estate was appointed for your mother then there should (have been) a Guardian Ad Litem (GAL) appointed to look after your mother's interests and to be the eyes and ears of the court. Bring your concerns to the GAL, and if that fails and the concerns are legitimate, then bring to the judge.

    The comments above are not legal advice and do not create an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

  2. This sounds more complex than this forum can handle. If your mother is disabled and the guardian was dismissed, another guardian should have been appointed. The additional info discusses a GAL, but what about the guardian of the estate or of the person? Who is violating what? The trust, the trustee, the land trust, the corporation, the living will -- its absolutely unclear what is going on. Who are you in this process and what standing do you have? How are you involved in each entity discussed? Get to an attorney and they should help you sort it out.

  3. It is difficult to decipher the who and what of your situation from your question. It sounds as though there may be elder abuse? If so, the Illinois Department on Aging may be able to assist.

    By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.

  4. You state "GAL dismissed" ... implying there is no GAL anymore? I was thinking you initially wanted to get rid of the GAL who is the abuser and wanted to know how? ...but your facts presented seem to contradict each please add more info to help us help you as we are all confused as to the underlying facts.

    My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.

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