Success Story: Lavelle Law Secures Emergency Guardianship and Protects a Vulnerable Mother from Exploitation

Litigation • January 8, 2026


Background:

An elderly woman suffering from dementia was unexpectedly discharged from the hospital directly into the care of what appeared to be a complete stranger. The family did not know the individual in question. While still in a vulnerable state at the hospital, she was persuaded to sign a new Power of Attorney (POA) in favor of this individual. Her devoted son, our client, grew deeply concerned when she went missing for several days. After an exhaustive search, he finally located his mother at the individual's home, where she was being kept under questionable circumstances. The family later learned that the individual was an old high-school acquaintance of the woman. The family immediately sought legal help to protect her safety and well-being.


Challenges:

This was a true emergency guardianship case filled with significant obstacles. The new POA created a legal barrier that the stranger attempted to use to maintain control over the ward. The situation was complicated by the ward's dementia, as she was unable to understand why she needed to leave the stranger's home, making voluntary removal impossible. The stranger refused to release her, creating a tense standoff. Standard legal processes were insufficient to quickly resolve the crisis, requiring our firm to take decisive, aggressive action in court to safeguard the vulnerable woman.

 

Result:

Attorney Nataly Kaiser successfully petitioned the court to obtain an emergency order suspending the improperly obtained POAs and appointing our client as temporary guardian. When voluntary compliance still failed, we secured a writ for involuntary commitment, which authorized the sheriff to physically remove the ward from the bad actor's home and ensure her safety. Once removed and protected, we swiftly proceeded with the guardianship proceedings. The court ultimately appointed our client, the loving son, as guardian of his mother, restoring proper family oversight and protection.


This outcome prevented further exploitation and ensured the ward received appropriate care in a safe environment. The family can now rest easier knowing their loved one is secure. 


Nataly Kaiser

Attorney


"This was a tough case, but we obtained the necessary writ to safely remove the ward from a harmful situation, secured guardianship for my client, and took the critical steps to ensure this never happens again."


Contact Attorney Nataly Kaiser to discuss your legal needs. 

847-705-7555 or nkaiser@lavellelaw.com.



More News & Resources

Lavelle Law News and Events

Options and Tips for Selling Your Business - a Lavelle Law Minute video.
By Kerry M. Lavelle • September 29, 2026
Thinking of selling your business ahead of retirement? Business owners should begin preparing when they enter the “red zone” before retirement - not wait until they’re ready to retire. Kerry Lavelle explains this and more in the Lavelle Law Minute video, "Options and Tips for Selling Your Business."
Court Denies Petition to Remove Executor - Major Probate Litigation Defense Victory
By Probate Litigation • September 23, 2026
Court Denies Petition to Remove Executor - Major Probate Litigation Defense Victory - A Lavelle Law Success Story.
IRS Launches Digitally Authenticated Tax Compliance Report
By Timothy M. Hughes • September 10, 2026
On August 20, 2026, the Internal Revenue Service announced a digitally authenticated Tax Compliance Report available through IRS Individual Online Accounts. Taxpayers can securely obtain and download the report when applying for a job, a loan, a government benefit, or another service that requires tax compliance info.
BOI reports with FinCEN no longer required for condo, HOAs, other associations, board members.
By Robyn K. Kish • August 17, 2026
FinCEN update: Condo, HOAs, and other common interest community associations no longer have to file BOI reports with FinCEN. Volunteer board members are no longer required to report their personal information to the federal government simply because they sit on an association’s board of directors.
Tax-Smart Year-End Planning: Key 2026 Tax Changes & Strategies for Success
By Lavelle Law • August 11, 2026
Discover the latest tax law updates and planning opportunities that can help you reduce taxes, protect wealth, and prepare for the future.
IRS Announces Guidance on the Expansion of Paid Family and Medical Leave
By Timothy M. Hughes • August 10, 2026
On August 5, 2026, the Internal Revenue Service issued Notice 2026-28 providing guidance on the employer credit for paid family and medical leave (“PFML”) under the Working Families Tax Cuts (“WFTC”). The WFTC makes permanent and expands eligibility and coverage for employers offering PFML benefits to employees.
Federal Rule 68 Offers of Judgment: An Underutilized Tool for Defense Counsel
By Sarah J. Reusché • August 7, 2026
Many litigators are familiar with Federal Rule of Civil Procedure 68, but few fully appreciate its strategic value in the defense arsenal. Rule 68 can be a powerful tool for influencing settlement negotiations, and in some cases, limiting a plaintiff’s ability to recover post-offer attorneys’ fees.
Judge Says “You’re Out!” to Stalker Ex  - a Lavelle Law Success Story
By Family Law Practice Group • July 28, 2026
A client came to us needing protection from an ex-boyfriend who wouldn’t take no for an answer. She broke up with him after he used her indoor pet camera to spy on her without her permission, then surveilled her at her home and chased her through a parking lot.
Type F Reorganization
By Frank J. Portera • July 28, 2026
Thinking about selling your business? In this video, Lavelle Law attorney Frank Portera explains how a Type F Reorganization can create tax efficiencies and simplify the sale process by reducing the need for third-party consents.
6 reasons why you shouldn’t rely on AI for legal advice.
By Sarah J. Reusché and Shelley McCarthy • July 17, 2026
Thinking about using AI to represent yourself in litigation? Think again. It is well-documented that pro se litigants are less likely to prevail compared to their represented counterparts. Regardless, AI has provided people with a false sense of security, tempting them to represent themselves regardless.
More Posts