Legal Question in Elder Law in Illinois

My male cousin has legal custody of his mom and sister . He does not live with them. My aunt has medical problems diabetes, and problems with walking. My female cousin has a mental disability. She leaves the house every day and does not come back home until late. My aunt is locked in the house, with no way to contact anyone if something happens, she is not feed some times, and is not taking her meds on time. She has said to her daughter she wanted to die. My family are not allowed to go in the house anymore. It nasty and unsanitary. I fear for their health and life.

My question is how can I take him back to court so he is make accountable.


Asked on 9/05/17, 8:44 am

1 Answer from Attorneys

Steve Raminiak Law Offices of Steve Raminiak, P.C.

You have several options. (1) You can tell the police about your concerns and ask the police to make a "wellness check." If you believe that either your aunt or cousin are in imminent danger, I recommend that you do that first. That action may also spark next steps from agencies mentioned below. (2) You can hire your own attorney and initiate Guardianship proceedings. By doing so, you would assert that your aunt and cousin lack the ability to make decisions for themselves and that if your cousin, if he is acting under a Guardianship or Power of Attorney, is failing to act appropriately to such an extent that it is dangerous for your aunt or your cousin. This is the most expensive route but gives you the most influence as to what is to follow. (3) You can ask the Office of Public Guardian to investigate. See http://www.publicguardian.org/guardianship/about/ There is no cost for attorney's fees for this, but you will have far less influence on anything that is ever brought before the Court (if anything at all) and, by doing so, you are implying that there is no other appropriate family member who could serve as Guardian, including yourself. (4) You can ask the local Adult Protective Services (APS) provider to investigate. You can find out who that is by reading this PDF which divides APS providers by region: https://www.illinois.gov/aging/Resources/Documents/APS_ProviderList.pdf Again, there is no cost for attorney's fees for this, but you will again have far less influence on anything that is ever brought before the Court (if anything at all).

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Answered on 9/05/17, 9:06 am


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