Financial Exploitation of Elderly and Disabled Persons – Illinois Powerful Remedies.

Breach of Fiduciary Duty, Business / Civil Litigation, Disability, Elder Law, Estate & Trust Litigation, Estate Litigation, Fraud, Punitive Damages, Treble Damages

One of the greatest evils in society is the exploitation of an elderly person or one with a disability. Fortunately, Illinois law provides a wide range of civil remedies for the financial exploitation of the elderly and disabled, including statutory claims for damages, disinheritance, and common law actions. The primary statutes are 720 ILCS 5/17-56 and 755 ILCS 5/2-6.2.

The law allows recovery of treble damages (three times the value taken), as well as reasonable attorney’s fees and court costs.
It is not only the victim who may bring a claim; after death, an interested person (e.g., an estate representative) may file suit.
A person found civilly liable for financial exploitation is barred from inheriting from the victim under 755 ILCS 5/2-6.2 (subject to narrow exceptions), including as an heir, beneficiary, or joint tenant.

Under the law, the “illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law.” 720 ILCS 5/17-56(a).

The expansive reach of the Illinois law provides that “[a] person stands in a position of trust and confidence with an elderly person or person with a disability when he (i) is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, (ii) is a joint tenant or tenant in common with the elderly person or person with a disability, (iii) has a legal or fiduciary relationship with the elderly person or person with a disability, (iv) is a financial planning or investment professional, (v) is a paid or unpaid caregiver for the elderly person or person with a disability, or (vi) is a friend or acquaintance in a position of trust.”  720 ILCS 5/17-56(a).

Consent is no defense either.  The law specifically states:  “Consent is not a defense to financial exploitation of an elderly person or a person with a disability if the accused knew or had reason to know that the elderly person or a person with a disability lacked capacity to consent.  720 ILCS 5/17-56(f).

Other Potential Civil Actions

Victims or their estates can also allege related civil claims, such as:

  • Breach of fiduciary duty
  • Fraud
  • Conversion
  • Replevin
  • Tortious interference with expectancy
  • Set aside fraudulent transfers
  • Petition for accounting
  • Appointment of a guardian (if ongoing protection is needed).

Attorney Antonio DeBlasio has been selected by Super Lawyers® in 2008 and in each year from 2014 through 2025.  No more than 5% of Illinois attorneys receive this distinction.  Mr. DeBlasio has over 30 years of experience as an Illinois attorney, representing businesses, individuals, employees, employers, estates and beneficiaries of estates in Illinois.  For information on scheduling a consultation, call DeBlasio Law Group at (630) 560.1123, or you may reach us through our firm’s website at www.DGLLC.net/contact.