David M. Duree and Associates, P.C.
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Caretaker May Recover From Elderly Client’s Estate, After Pleading Guilty to Misdemeanor Elder Abuse

On Behalf of | Jan 12, 2019 | Uncategorized

The Illinois Elder Abuse Act provides that anyone convicted of abuse, financial exploitation or neglect of an elderly or disabled person, shall not receive any property, benefit or other interest by reason of the death of that elderly or disabled person.  The Appellate Court recently reversed the dismissal of the complaint of an ex-caregiver, claiming $1,200,000.  The caregiver had pled guilty to a misdemeanor battery charge of the elderly client.  The Appellate Court ruled that it need not rule on whether the Quantum Meruit claim for services rendered during the life of the cleint was covered by the Act because the Misdemeanor Battery guilty plea was not among the crimes covered by the act.  The Caregiver claimed she was entitled to the value of services rendered during the life of her client, and that she was entitled for damages for breach of an agreement to prepare and sign a will with the caregiver as a beneficiary.  Estate of Lewy v. FNBC Bank & Trust (Ill App. 1st dist, Sept 28, 2018).