Consumer Financial

Protection Bureau

MANAGING SOMEONE ELSE’S MONEY 

Help for court-appointed 

guardians of the estate 

in Illinois

HELP FOR GUARDIANS OF THE ESTATE IN ILLINOIS 1 

About the Consumer Financial 

Protection Bureau

The Consumer Financial Protection Bureau, or CFPB, is focused 

on making markets for consumer financial products and services 

work for families—whether they are applying for a mortgage, 

choosing among credit cards, or using any number of other 

consumer financial products. We empower consumers to take 

more control over their financial lives. 

The CFPB Office for Older Americans is the only federal office 

dedicated to the financial health of Americans age 62 and over. 

Along with other agencies, the Office works to support sound 

financial decision-making and to prevent financial exploitation 

of older adults. To help people (including family members) with 

legal authority to handle an older person’s money, the Office 

contracted and worked closely with the American Bar Association 

Commission on Law and Aging (ABA Commission) and state 

professionals to prepare this guide.* 

Though the guide was developed by the ABA Commission, it is 

not intended to provide legal advice or serve as a substitute for 

your own legal counsel. If you have questions or concerns, we 

recommend that you seek the guidance of the appropriate 

legal professional.

*Illinois professionals who worked on this guide are Howard Berk, Wendy 

Cappelletto, and Kerry Peck. 
2 MANAGING SOMEONE ELSE’S MONEY 
HELP FOR GUARDIANS OF THE ESTATE IN ILLINOIS 3 

What’s inside

About the Consumer Financial Protection Bureau ������������������������������������������������������1

Why read this guide? ��������������������������������������������������������������������������������������������������������5

What is a fiduciary? 6

Guardian of the estate questions and answers 6

Four basic duties of a fiduciary ���������������������������������������������������������������������������������������8

Duty 1 | Act only in Martin’s best interest 8

Duty 2 | Manage Martin’s money and property carefully 10

Duty 3 | Keep Martin’s money and property separate 14

Duty 4 | Keep good records and report to the court 14

More things you should know����������������������������������������������������������������������������������������17

What if there are other fiduciaries? 17

Government benefits require special fiduciaries 17

How can you avoid problems with family or friends? 18

What should you know about working with professionals? 18

Watch out for financial exploitation �����������������������������������������������������������������������������19

Look for these common signs of financial exploitation 19

What can you do if Martin has been exploited? 20

Be on guard for consumer scams ���������������������������������������������������������������������������������21

How can you protect Martin from scams? 21

What can you do if Martin has been scammed? 22

Where to go for help �������������������������������������������������������������������������������������������������������24

Local and state agencies 24

Federal agencies 26

For legal help 26

For accounting help 27
4 MANAGING SOMEONE ELSE’S MONEY 
HELP FOR GUARDIANS OF THE ESTATE IN ILLINOIS 5 

Why read this guide? 

Like many people, you may never have been a guardian of someone else’s 

property before. That’s why we created Managing someone else’s money: Help 

for court-appointed guardians of the estate in Illinois. This guide will help you 

understand what you can and cannot do in your role as a guardian. In that role, 

you are a fiduciary. For this guide, a fiduciary is anyone named to manage money 

or property for someone else. You’ll find brief tips to help you avoid problems and 

resources for finding more information. 

This guide is for family and friends serving as a guardian of the estate, not for 

professionals or organizations. The guide does not give you legal advice. Talk to a 

lawyer if you have questions about your duties.

If you want to learn about how to become a guardian of the estate, this guide is not 

designed for you. Talk to a lawyer or read A Guide to Adult Guardianship in Illinois

by the Illinois Guardianship and Advocacy Commission, http://www.illinois.gov/

sites/gac/OSG/Pages/Guide-to-adult-guardianship-in-Illinois.aspx. 

Let’s start with a scenario about how you might have 

become a guardian of the estate:

Your family member or friend may not be able to make decisions on his 

own about his money and property. For this guide, let’s call him Martin. 

After a hearing, the court has named you guardian of the estate for 

Martin. You now have the duty and power to make decisions on Martin’s 

behalf about some or all of his money and property. 

The court has given you a lot of responsibility as Martin’s guardian of 

the estate. 

You are now a fiduciary with fiduciary duties.
6 MANAGING SOMEONE ELSE’S MONEY 

What is a fiduciary? 

Since you have been named to manage money or property 

for someone else, you are a fiduciary. The law requires you to 

manage Martin’s money and property for HIS benefit, not yours. 

It does not matter if you are managing a lot of money or a little. It 

does not matter if you are a family member or not. 

The role of a fiduciary carries with it legal responsibilities. When 

you act as a fiduciary for Martin, you have four basic duties that 

you must keep in mind:

1. Act only in Martin’s best interest.

2. Manage Martin’s money and property carefully.

3. Keep Martin’s money and property separate from yours.

4. Keep good records.

As a fiduciary, you must be trustworthy, honest, and act in good 

faith. If you do not meet these standards, you could be removed 

as a fiduciary, sued, or have to repay money. It is even possible that 

the police or sheriff could investigate you and you could go to jail. 

That’s why it’s always important to remember: It is not your money!

Guardian of the estate questions and answers 

What is a guardian of the estate?

A guardian of the estate is someone the court names to manage 

money and property for someone else whom the court has found 

cannot manage it alone. 

Sometimes a guardian of the estate is also appointed as guardian 

of the person. A guardian of the person makes Martin’s health 

care and other personal decisions. Sometimes a different person 

is appointed to be the guardian of the person, or Martin himself 

may still be able to make these personal decisions. 

This guide only covers duties of the guardian of the estate. 

Different types of 

fiduciaries exist 

In your role as guardian of 

the estate, you may act as 

or deal with other types 

of fiduciaries. These may 

include: 

Trustees under a revocable 

living trust—someone names 

them to manage money and 

property.

Representative payees

or, for veterans, VA 

fiduciaries—a government 

agency names them to 

manage government money 

that is paid to someone. 

Agents under a power of 

attorney—someone names 

an agent to manage their 

money and property in case 

they are not able to do it.

Other guides explaining 

the duties of these 

fiduciaries are at: www.

consumerfinance.gov/

managing-someone-elsesmoney. 
HELP FOR GUARDIANS OF THE ESTATE IN ILLINOIS 7 

Don’t expect others to 

know what a guardian of 

the estate is or does. 

They may not understand 

that you have been 

appointed by the court. 

They may think you have 

more authority or less 

authority than you really 

have. You may need to 

educate them. You could 

show them this guide and 

a copy of the court order 

appointing you. 

What are your responsibilities as a guardian of 

the estate?

As guardian of the estate, you have a double duty—both to 

Martin, the person you are serving, and to the court. 

DUTY TO MARTIN

You must always keep Martin’s best interests in mind. In 

managing his money, you must act for his good and not for your 

own good. Involve Martin in decisions as much as possible.

DUTY TO THE COURT

You are an agent of the court. The court has trusted you. You must 

report to the court regularly and be ready to answer any questions.

When do your responsibilities end?

Your responsibilities as Martin’s guardian of the estate last until the 

court relieves you of your duties. The court may do this because 

someone else has been appointed, Martin has died, or Martin no 

longer needs a guardian.
8 MANAGING SOMEONE ELSE’S MONEY 

Four basic duties of a fiduciary 

Duty 1 | Act only in Martin’s best interest

Because you are dealing with Martin’s money and property, your duty is to 

make decisions that are best for him, as well as any dependents he has. This 

means you must ignore your own interests and needs, or the interests and needs 

of other people. 

To help act in Martin’s best interest, follow these guidelines: 

§ Read the court order. Your powers and duties as Martin’s guardian of the 

estate are written in Illinois law. They also may be written in the court order 

that appointed you. Some court orders may be detailed, while others may be 

very general. Read the court order closely, and talk to a lawyer if you don’t 

understand it. Ask questions and learn all you can about what you should do—

and what you should not do.

§ Do what the court order says—and don’t do what it says you should not do. It 

is important that you not act beyond what the law and the court order allow, 

and that you carry out the basic tasks necessary. Your powers may be limited to 

certain actions or certain amounts of money. You may need to get the court to 

approve other actions. Even if you have the best intentions, follow the court order. 

§ As much as possible, involve Martin in decisions. Many things can affect your 

decisions. For example, you might feel pressure from others. Martin’s abilities 

to make decisions might change from time to time, or maybe Martin was never 

able to make decisions about his money and property. Consider these three steps:

ú First, ask Martin what he wants. He may be able to decide some things. 

If so, take this into account, especially if it is similar to his thinking in the 

past and the risk of harm to him is not unreasonable. For example, if 

Martin wants to handle money, see if he can manage a small bank account 

or a monthly cash allowance. Doing this will let him be in charge of a set 

amount, and you will limit the risk to that amount. 
HELP FOR GUARDIANS OF THE ESTATE IN ILLINOIS 9 

ú Second, try to find out what Martin would have wanted. 

Look at any past decisions, actions, and statements. Find 

as much information as you can. Ask people who care 

about Martin what they think he would have wanted. 

Make the decision you think that Martin would have 

made, unless doing so would harm him. 

ú Third, do what you think is best for him. If you have 

looked hard and still don’t know what Martin would 

have wanted—or if Martin could never make decisions 

about money and property—use your judgment about 

what is best. Put Martin’s well-being above saving 

money for others who may inherit his money and 

property. Make sure that he is safe and comfortable, 

and his needs are met.

§ Avoid conflicts of interest. A conflict of interest happens 

if you make a decision about Martin’s property that may 

benefit someone else at Martin’s expense. Because you 

were appointed by the court, you have a strict duty to avoid 

conflicts of interest—or even the appearance of a conflict of 

interest. Try to keep an “arm’s length distance” between your 

interests and any use of Martin’s money. 

§ Don’t borrow, loan, or give Martin’s money to yourself or 

others. Even if the court order clearly allows gifts to you or 

others, be very careful to avoid conflicts of interest. Usually, 

the court must approve gifts or loans, or those over a 

certain amount. Make sure that any gifts do not increase or 

complicate Martin’s taxes or change his plans for his property 

when he dies. Any gifts or loans should be in line with what 

Martin would have wanted. For example, if Martin gave 

money every year to a charity, the court may allow you to 

continue doing that.

§ Avoid changing Martin’s plans for giving away his money 

or property when he dies. There may be rare situations 

when changing Martin’s plans is in his best interest. But you 

should get legal advice and approval from the court before 

you do anything. 

Avoid possible conflicts 

of interest 

Sometimes people have 

good intentions, but do 

things they shouldn’t. 

Because you are now a 

fiduciary, you should avoid 

any conflicts of interest. 

Here are a few examples of 

possible conflicts of interest:

Whose car is it? 

You used Martin’s money 

to buy a car. You use it to 

drive him to appointments, 

but most of the time you 

drive the car just for your 

own needs. This may be a 

conflict of interest. 

Should you do business 

with family? 

Martin needs repair work 

in his apartment. You hire 

your son and pay him from 

Martin’s money. This may 

be a conflict of interest, 

even though the work was 

needed. It appears that 

you have put your personal 

interest to benefit your son 

in conflict with Martin’s 

interests.
10 MANAGING SOMEONE ELSE’S MONEY 

§ Don’t pay yourself for the time you spend acting as Martin’s 

guardian of the estate, unless the court allows you to do so. 

If you are allowed to pay yourself, get legal advice, check with 

the court, and carefully document how much time you spend 

and what you do. Under Illinois law, the court must approve 

the fees before you can pay yourself. 

To avoid any surprises or misunderstandings, tell family about 

your fees when you begin your duties as a guardian of the 

estate. If you charge fees, charge fees that are reasonable. 

Don’t charge for things you do that are not specifically as 

guardian of property. For instance, don’t charge fees if you 

shop for Martin or personally make home repairs. If necessary, 

you can pay someone else at a lower rate for these tasks and 

document the expenses.

Duty 2 | Manage Martin’s money and 

property carefully

As Martin’s guardian of the estate, you might pay bills, oversee 

bank accounts, or pay for things he needs. You might also 

make investments, pay taxes, collect rent or unpaid debts, get 

insurance if needed, cancel any unneeded insurance, and 

do other things in the court order. Your authority is limited to 

financial decisions, so work with Martin or any other decisionmakers on choices important to Martin. 

You have a duty to manage Martin’s money and property very 

carefully. Use good judgment and common sense. As a fiduciary, 

you must be even more careful with Martin’s money than you 

might be with your own! 

Follow these guidelines and strictly follow the court’s procedures:

§ Make an inventory. To make careful decisions, you need to 

know what Martin owns and owes. To make a proper inventory, 

you must find and list for the court all of Martin’s income 

and property, as well as any debts or legal claims against his 

properties (called liens.) The court may give you a form for 

making the inventory. To avoid any risk to Martin’s money and 

property, you must make the inventory as quickly as possible.

Tips for making 

an inventory 

Don’t leave anything out. 

Even if you know Martin 

wants you to have certain 

things and says so in his will, 

list them in the inventory. 

A proper inventory lists 

everything according to the 

court’s rules. Do not decide 

that some things should not 

be listed. 

Search carefully. Look 

carefully to find everything 

Martin owns. Search his mail 

and home. Look for real 

estate by talking to family 

or advisors and looking 

through land records. Track 

down letters from creditors 

to find unpaid debts. 

Take valuable items to an 

appraiser. 

Verify if necessary. It 

is a good idea to have 

someone else check the list, 

especially if family might 

argue over Martin’s money 

and property.
HELP FOR GUARDIANS OF THE ESTATE IN ILLINOIS 11 

An inventory may include all kinds of property. Your list might include:

ú Checking and savings accounts;

ú Cash;

ú Pension, retirement, annuity, rental, public benefit, or other income;

ú Real estate;

ú Cars and other vehicles;

ú Insurance policies;

ú Trusts for which Martin is a beneficiary;

ú Stocks and bonds; 

ú Jewelry, furniture, and any other items of value; and

ú Unpaid credit card bills and other outstanding loans.

§ File the inventory with the court. You must sign the inventory and file it with the 

court within 60 days of your appointment or sooner if the court requires it. Keep 

a copy for your records. Be ready to share the inventory with family listed with 

the court as interested parties. 

§ The court will require you to buy a bond. Under Illinois law, a guardian of the 

estate must buy a bond worth one and one half times the value of the money 

and property. A bond is a special type of insurance policy so the court can make 

sure you carry out your duties. If you fail in your duties and, as a result, Martin’s 

money is lost or stolen, the bonding company will pay the money back to Martin. 

Then the company will try to collect the money from you. The cost of the bond 

may be payable from Martin’s money. Ask the court staff whether you may use 

Martin’s money to cover this expense. 

In Illinois, bonding companies generally will not sell a bond to a guardian of 

the estate unless the guardian is represented by an attorney. Also, if you have 

had a bankruptcy, are unemployed, or have little money and property of your 

own, you will not likely be able to get a bond. Try to check this before you are 

appointed as guardian of the estate or as soon as possible. Take all steps the 

court advises about getting a bond. 

Sometimes, instead of requiring a bond, the court will limit the amount of funds 

you can take out of Martin’s account. This is called a restricted account. The court 

will tell the bank to block the account above a certain amount. If you want to 

spend more than that amount, you must get the court to approve the expense.
12 MANAGING SOMEONE ELSE’S MONEY 

§ Protect Martin’s property. Keep his money and property safe. Have Martin’s 

income and bills sent to you. Put his valuable items in safe deposit boxes and 

lock other items he is not using in storage. Keep Martin’s cash in bank accounts 

that earn interest if possible and that have low or no fees. Review bank and other 

financial statements promptly. If Martin will not be living in his home, consider 

changing the locks. Figure out if the house should be rented, or how to keep 

it safe if it is vacant. If Martin rented an apartment and will be moving, tell the 

landlord, remove his things, and have the apartment cleaned.

§ Make a budget. Generally, Illinois courts require the guardian to file a budget 

with the court. As soon after appointment as possible, make a budget, just as 

if you were making one for your own household. List how much you expect to 

pay for nursing home, assisted living or home care, rent, food, medical care, and 

home maintenance or repair. Be sure to include a monthly amount for Martin 

to use as he pleases. Think about any special expenses that may arise, such as 

dental work or any medical care or equipment that Medicare, Medicaid, or other 

health insurance will not cover. Try to stick to your budget. If something very 

costly occurs, you may need the court to approve the expense. 

§ Invest carefully. If you are making investments for Martin, talk to a financial 

professional. The Securities and Exchange Commission (SEC) provides tips on 

choosing a financial professional at www.sec.gov/investor/alerts/ib_top_tips.pdf. 

Discuss your choices and goals for investing based on Martin’s needs and values.

§ Pay bills and taxes on time. 

§ Cancel any insurance policies that Martin does not need. 

§ Collect debts. Find out if anyone owes Martin money, and try to collect it.

§ There’s no place like home. Martin may want to continue to live in the home he 

owns or rents, or he may be moving to a new place. Take these steps:

ú Determine if living in his home is safe, and if Martin can manage in 

the house. If needed, put in guard rails, grab bars, smoke detectors, 

extra lighting, and other things to help him stay at home. Tax credits or 

deductions might be available if you modify the home. 

ú Work with others, including any decision-makers (such as an agent under 

a power of attorney for health care or any guardian of the person if you 

have not been appointed to fill this role). Sometimes a geriatric care 

manager can help you find resources about modifying Martin’s home or 

getting services in his home. You can pay a geriatric care manager to do 

this with Martin’s money.
HELP FOR GUARDIANS OF THE ESTATE IN ILLINOIS 13 

ú If it is not safe to live at home even with changes—or if Martin wants to 

move—consider other places that meet Martin’s needs. Try to keep him 

connected to people and things important to him. Choices might be 

living with someone else, or living in a retirement community, a senior 

apartment, group home, assisted living, or nursing home. You may need 

court approval for Martin to move.

ú Consider whether you need to sell Martin’s home. Under Illinois law, you 

must get court permission to list and sell Martin’s real estate.

Can Martin get any benefits? 

Find out if Martin is eligible for any financial or health care benefits from 

an employer or a government. These benefits might include pensions, 

disability, Social Security, Medicare, Medicaid, Veterans benefits, housing 

assistance, or food stamps (now known as Supplemental Nutrition 

Assistance Program or SNAP). Consider using the National Council on 

Aging benefits check-up at www.BenefitsCheckUp.org. 

Help him apply for those benefits. The Area Agency on Aging where 

Martin lives can help you find information. Find the local Area Agency 

on Aging through the Illinois Department on Aging at www.illinois.gov/

aging/PartnersProviders/Pages/aaa-main.aspx. 

Medicaid is complicated

Get legal advice and be very careful about decisions that may affect 

Martin’s eligibility for Medicaid. The Medicaid program provides medical 

assistance and long-term care to low-income people. For general 

information, visit: https://www.illinois.gov/hfs/Pages/default.aspx or 

read about the Medicaid program at https://www.illinoislegalaid.org/

legal-information/medicaid-0. To apply for benefits online, visit www.abe.

illinois.gov.
14 MANAGING SOMEONE ELSE’S MONEY 

Duty 3 | Keep Martin’s money and property separate

Never mix Martin’s money or property with your own or someone else’s. Mixing 

money or property makes it unclear who owns what. Confused records can get you 

in trouble with the court. 

Follow these guidelines: 

§ Separate means separate. Never deposit Martin’s money into your own or 

someone else’s bank account or investment account. 

§ Avoid joint accounts. If Martin already has money in a joint account with you or 

someone else, get legal advice before making any change. 

§ Keep title to Martin’s money and property in his own name. This is so other 

people can see right away that the money and property is Martin’s and not 

yours. Ask the bank for a guardianship or fiduciary account that shows you are 

managing the account for Martin. 

§ Know how to sign as guardian. Sign all checks and other documents relating to 

Martin’s money or property to show that you are Martin’s guardian of the estate. 

For example, you might sign: “Juan Doe, as guardian for Martin Roe.” Never just 

sign “Martin Roe.”

§ Pay Martin’s expenses from his funds, not yours. Spending your money and 

then paying yourself back makes it hard to keep good records. If you really need 

to use your money, save receipts for the expense and keep a good record of 

why, what, and when you paid yourself.

Duty 4 | Keep good records and report to the court

You must keep true and complete records of Martin’s money and property. 

As guardian of the estate, the court or a lawsuit can challenge you to show 

everything you’ve done with Martin’s money and property. Always be ready to 

share your records with the court. 

Practice good recordkeeping habits:

§ Keep a detailed list of everything that you receive or spend for Martin. Records 

should include the amount of checks written or deposited, dates, reasons, names 

of people or companies involved, and other important information. 
HELP FOR GUARDIANS OF THE ESTATE IN ILLINOIS 15 

§ Keep receipts and notes, even for small expenses. For example, write 

“$50, groceries, ABC Grocery Store, May 2” in your records soon after you 

spend the money.

§ Avoid paying in cash. Try not to pay Martin’s expenses with cash. Also, try not to 

use an ATM card to withdraw cash or write checks to “Cash.” If you need to use 

cash, be sure to keep receipts or notes. 

§ Getting paid? If you are permitted by the court to charge a fee to serve as 

guardian of the estate, be sure you charge a reasonable fee. In Illinois, the court 

must approve guardianship fees before you pay yourself. Keep detailed records 

as you go along of what work you did, how much time it took, when you did it, 

and why you did it. 

§ File your accountings with the court. Each year—or whenever the court requires—

you must report to the court, including giving an accounting of all the money 

you received and spent. 

ú The court will give you a specific form for the accounting or will tell you 

what is required. Use the records you have kept during the year to fill in 

the form. If you have questions, ask court staff or a lawyer for help. 

ú Under Illinois law, the first accounting will be due within 13 months of your 

appointment. Then accountings will be due every year. Be sure to turn the 

accounting in on time. If your accounting is late, the court may call you in 

to explain why, and may even remove you as guardian of the estate. 

ú Your accounting must be clear and must “add up.” The accounting should 

show a beginning balance, income during the year, expenses during the 

year, and an ending balance. The ending balance for one year should be 

the same as the beginning balance for the next year.

ú Your court may have a specific way to write up the accounting, and 

these requirements may change over time. Try to understand in advance 

what is needed, so that your accounting is not rejected for a minor 

problem. Ask for an example of a correct accounting. You may need an 

accountant to help. 

§ File a final accounting after Martin dies. Notify the court when Martin dies. 

According to court procedures, make a final accounting of Martin’s money and 

property, and ask for an order releasing you from your duties. 

ú Sometimes, you may need to pay final bills or make final arrangements, 

especially if no one else can do it. For example, you may need to pay 

funeral expenses and final medical bills. 
16 MANAGING SOMEONE ELSE’S MONEY 

ú If Martin did not already make funeral or burial arrangements, look for any 

directions he may have left—perhaps in advance directives or remarks to 

family or friends.

ú An executor named in a will, an administrator named by the court, or a 

trustee named in a trust will handle Martin’s money and property after 

you turn them over. Hold Martin’s personal things safely until they are 

transferred to whoever is to receive them. If you are the one named 

to handle Martin’s money and property after his death, make sure you 

understand when your duties as guardian end and your new duties begin.
HELP FOR GUARDIANS OF THE ESTATE IN ILLINOIS 17 

More things you should know

What if there are other fiduciaries?

Co-guardians

The court may have named someone else to act with you as Martin’s guardian of the 

estate, or it may have named someone else to act as Martin’s guardian of the person 

to make health care and other personal decisions. 

Any other guardians will be your partners in making decisions on Martin’s behalf 

and in helping him make decisions if he is able. You must work closely together. For 

example, if Martin will move to a new location or get special care, his guardians must 

make important personal and financial decisions. You must consult with one another. 

Other types of fiduciaries

Other fiduciaries may have authority to make decisions for Martin. For example, he 

may have an agent under a power of attorney, a representative payee who handles 

Social Security benefits, or a VA fiduciary who handles veterans benefits. It is 

important to work with these other fiduciaries, and keep them informed.

Government benefits require special fiduciaries

As guardian of the estate, you cannot manage Martin’s government benefits such 

as Social Security or VA benefits unless you get a separate appointment from the 

government agency as, for example, a representative payee or VA fiduciary. For 

more information, contact the government agency.
18 MANAGING SOMEONE ELSE’S MONEY 

How can you avoid problems with family or friends?

Family or friends may not agree with your decisions about Martin’s money and 

property. To help reduce any friction, follow the four duties described above and 

the guidelines we’ve given you. 

§ Consider whether sharing information might help and is allowed (unless Martin 

has said that you should not). The court may require you to send accountings to 

family and friends, or may say you should not. If there is no direction from the 

court, get court approval before sharing information. 

§ If family or friends question or don’t agree with your decisions, get advice 

from a lawyer about sharing information and finding other ways of sorting out 

problems, such as talking with a family counselor or mediator. See Where to go 

for help on page 24 of this guide.

What should you know about working with professionals?

In managing Martin’s affairs, you may need help from professionals such as 

lawyers, brokers, financial advisors, accountants, real estate agents, appraisers, 

psychologists, social workers, doctors, nurses, or care managers. You can pay 

them with Martin’s money. 

If you need help from any professionals, remember these tips: 

§ Check on the professional’s qualifications. Many professionals must be licensed 

or registered by a government agency. Check credentials with the government 

agency. Make sure the license or registration is current and the professional is in 

good standing. Check the person’s complaint history. 

§ Interview the professional thoroughly and ask questions.

§ Review contracts carefully before signing. Before hiring any professionals, get 

their proposed plan of work and expected fee.

§ Make your own decisions based on facts and advice. Listen to their advice but 

remember you are the decision-maker. 
HELP FOR GUARDIANS OF THE ESTATE IN ILLINOIS 19 

Watch out for financial exploitation 

Family, friends, neighbors, caregivers, fiduciaries, business people, and others 

may try to take advantage of Martin. They may take his money without permission, 

neglect to repay money they owe, charge him too much for services, or just not do 

things he has paid them to do. These may be examples of financial exploitation or 

financial abuse. As Martin’s guardian of the estate, you should help protect him. 

You should know the signs of financial exploitation for five important reasons: 

1. Martin may still control some of his funds and could be exploited;

2. Even if Martin does not control any of his funds, he still may be exploited;

3. Martin may have been exploited already, and you may still be able to do 

something about that;

4. People may try to take advantage of you as Martin’s guardian of the estate; and

5. Knowing what to look for will help you avoid doing things you should not do, 

protecting you from claims that you have exploited Martin.

Look for these common signs of financial exploitation

§ You think that some money or property is missing.

§ Martin says that some money or property is missing.

§ You notice sudden changes in Martin’s spending or savings. For example, he: 

ú Takes out lots of money from the bank without explanation;

ú Tries to wire large amounts of money;

ú Uses the ATM a lot;

ú Is not able to pay bills that are usually paid; 

ú Buys things or services that don’t seem necessary; 

ú Puts names on bank or other accounts that you do not recognize or that 

he is unwilling or unable to explain;
20 MANAGING SOMEONE ELSE’S MONEY 

ú Does not get bank statements or bills; 

ú Makes new or unusual gifts to family or others, such as a “new best friend”; 

ú Changes beneficiaries of a will, life insurance, or retirement funds; or

ú Has a caregiver, friend, or relative who suddenly begins handling his money.

§ Martin says he is afraid or seems afraid of a relative, caregiver, or friend. 

§ A relative, caregiver, friend, or someone else keeps Martin from having visitors 

or phone calls, or does not let him speak for himself, or seems to be controlling 

his decisions.

What can you do if Martin has been exploited?

§ Call the emergency 911 number if Martin is in immediate danger. 

§ Call the Adult Protective Services (APS) Program. The role of APS is to 

investigate reports and to provide or arrange for services to victims. 

§ If you think that Martin has been or will be the victim of a crime, call the 

local police or sheriff.

§ Alert Martin’s bank or credit card company.

§ Call the local State’s Attorney or the Illinois Attorney General.

§ Call the Long-Term Care Ombudsman program or the Medicaid Fraud 

Control Bureau (also called the Medicaid Fraud Control Unit) if Martin is 

in a nursing home or assisted living. 

§ Consider talking to a lawyer about protecting Martin from more 

exploitation or getting back money or property taken from him. 

§ Each agency or professional has a different role, so you may need to 

call more than one. For more information, see Where to go for help on 

page 24 of this guide.
HELP FOR GUARDIANS OF THE ESTATE IN ILLINOIS 21 

Be on guard for consumer scams 

As Martin’s guardian of the estate, you should be alert to protect his money from 

consumer scams as well as financial exploitation. Criminals and con artists have 

many scams, and change them all the time. They often seek unsuspecting people 

who have access to money. Learn to spot consumer scams against Martin—and 

against you as his guardian.

How can you protect Martin from scams?

Consumer scams happen on the phone; through the mail, e-mail, or the Internet; 

and they occur in person, at home, or at a business. 

Here are some tips: 

§ Put Martin’s number on the National Do Not Call Registry. Go to 

www.donotcall.gov or call 1-888-382-1222. 

§ Don’t share numbers or passwords for Martin’s accounts, credit cards, or 

Social Security, unless you know whom you’re dealing with and why they need 

the information.

§ After hearing a sales pitch, take time to compare prices. Ask for information in 

writing and read it carefully. 

§ Too good to be true? Ask yourself why someone is trying so hard to give you a 

“great deal.” If it sounds too good to be true, it probably is.

§ Watch out for deals that are only “good today” and that pressure you to act 

quickly. Be suspicious if you are not given enough time to read a contract or get 

legal advice before signing. Also watch out if you are told that you need to pay 

the seller quickly, for example by wiring the money or sending it by courier.

§ Never pay up front for a promised prize. Suspect a scam if you are required to 

pay fees or taxes to receive a prize or other financial windfall. 
22 MANAGING SOMEONE ELSE’S MONEY 

§ Watch for signs Martin already has been scammed. For example, does he 

receive a lot of mail or e-mail for sweepstakes? Has he paid people you don’t 

know, especially in other states or countries? Has he taken a lot of money out of 

the bank while he was with someone he recently met? Does he have a hard time 

explaining how he spent that money? Is he suddenly unable to pay for food, 

medicine, or utilities?

What can you do if Martin has been scammed?

If you suspect a scam, get help. Contact a local, state, or federal agency, 

depending on the type of scam. You may also need to talk to a lawyer. 

Local agencies to call the Area Agency on Aging, the police or sheriff, or 

the Better Business Bureau. 

State agencies to call are Adult Protective Services Program, the Long 

Term Care Ombudsman Program, and the Illinois Attorney General.

Call a federal agency if scammers are in other states or countries. Federal 

agencies are the Consumer Financial Protection Bureau, the FBI, the 

Federal Trade Commission, or the U.S. Postal Inspection Service. 

Each of these agencies and professionals has a different role so you may 

need to call more than one. 

For more information, see Where to go for help on page 24 of this guide.
HELP FOR GUARDIANS OF THE ESTATE IN ILLINOIS 23 

SCAM TYPES DESCRIPTION

Relative in need Someone who pretends to be a family member or friend calls or 

e-mails you to say they are in trouble and need you to wire money 

right away.

Charity appeals You get a call or letter from someone asking for money for a fake 

charity—either the charity does not exist or the charity did not call or 

write to you.

Lottery or 

sweepstakes

You get a call or e-mail that you have a chance to win a lot of money 

through a foreign country’s sweepstakes or lottery. The caller will offer 

tips about how to win if you pay a fee or buy something. Or the caller 

or e-mail says you already have won and you must give your bank 

account information or pay a fee to collect your winnings.

Home 

improvement

Scammers take money for repairs and then they never return to do the 

work or they do bad work. Sometimes they break something to create 

more work or they say that things need work when they don’t.

Free lunch Scammers invite you to a free lunch and seminar, and then pressure 

you to give them information about your money, and to invest the 

money with them. They offer you “tips” or “guaranteed returns.”

Free trip Scammers say you’ve won a free trip but they ask for a credit card 

number or advance cash to hold the reservation.

Government 

money

You get a call or letter that seems to be from a government agency. 

Scammers say that if you give a credit card number or send a money 

order, you can apply for government help with housing, home repairs, 

utilities, or taxes.

Drug plans

Scammers pretend they are with Medicare prescription drug plans, 

and try to sell Medicare discount drug cards that are not valid. 

Companies with Medicare drug plans are not allowed to send 

unsolicited mail, emails, or phone calls.

Identity theft

Scammers steal personal information—such as a name, date of birth, 

Social Security number, account number, and mother’s maiden name—

and use the information to open credit cards or get a mortgage in 

someone else’s name.

Fake “official” mail Scammers send letters or e-mails that look like they are from a 

legitimate bank, business, or agency to try to get your personal 

information or bank account number.

Common consumer scams
24 MANAGING SOMEONE ELSE’S MONEY 

The resources below1 are for Illinois. For 

information on other states, see the national 

version of this guide at www.consumerfinance.

gov/managing-someone-elses-money.

Local and state agencies

Adult Protective Services

The Adult Protective Services Program (APS) 

receives and investigates reports of suspected 

elder or adult abuse, neglect, or exploitation. 

To make a report, contact the Adult Protective 

Services Hotline.

1-866-800-1409

TTY 1-888-206-1327

www.illinois.gov/aging/ProtectionAdvocacy/

Pages/abuse_reporting.aspx

Aging and Disability Resources 

State and local agencies can provide 

information about aging and disability services 

and whether there are any support groups for 

fiduciaries or caregivers. 

www.illinois.gov/aging/PartnersProviders/

Pages/aaa-main.aspx

You also can call the Illinois Senior HelpLine in 

the Illinois Department on Aging.

1-800-252-8966

TTY 1-888-206-1327

www.illinois.gov/aging/Resources/Pages/

helpline-main.aspx

Attorney General

The Illinois Attorney General can take action 

against consumer fraud. The Illinois Attorney 

General has three regional Consumer Fraud 

Hotlines.

Chicago

1-800-386-5438

TTY 1-800-964-3013

Springfield

1-800-243-0618

TTY 1-877-844-5461

Carbondale

1-800-243-0607

TTY 1-877-675-9339

www.illinoisattorneygeneral.gov/consumers

Better Business Bureau

The Better Business Bureau can help consumers 

with complaints against businesses. 

BBB of Central Illinois 

1-309-688-3741

www.heartofillinois.bbb.org

bbb@hoibbb.org

BBB of Chicago and Northern Illinois 

1-312-832-0500

www.chicago.bbb.org

bbbinfo@chicago.bbb.org

1 This guide includes links or references to third-party resources or content that consumers may find helpful. The Bureau does not 

control or guarantee the accuracy of this outside information. The inclusion of links or references to third-party sites does not 

necessarily reflect the Bureau’s endorsement of the third-party, the views expressed on the outside site, or products or services 

offered on the outside site. The Bureau has not vetted these third-parties, their content, or any products or services they may offer. 

There may be other possible entities or resources that are not listed that may also serve your needs.

Where to go for help
HELP FOR GUARDIANS OF THE ESTATE IN ILLINOIS 25 

BBB of E. Missouri and S. Illinois 

1-314-645-3300

www.stlouis.bbb.org

bbb@stlouisbbb.org 

BBB of Rockford 

1-815-963-2222

www.chicago.bbb.org

bbbinfo@chicago.bbb.org

Tri-State Better Business Bureau, Inc. 

1-812-473-0202

www.evansville.bbb.org

contact@evansville.bbb.org

Long-Term Care Ombudsman Program

Contact the Illinois Long-Term Care 

Ombudsman Program through the Illinois 

Senior HelpLine. Ombudsmen identify, 

investigate, and resolve complaints about longterm care. 

1-800-252-8966

Find a current list of local Long-Term Care 

Ombudsmen.

https://www.illinois.gov/aging/Resources/

Documents/LTCOP_Contact%20List.docx.pdf

Mediators

The Mediation Council of Illinois provides a 

Locate a Mediator service on its website.

www.mediationcouncilofillinois.org

Medicaid/Medical Assistance

For information on Medicaid, which is called 

Medical Assistance in Illinois, contact the 

Illinois Department of Healthcare and Family 

Services (HFS). 

http://www.illinois.gov/hfs/Pages/default.aspx

To apply for Medical Assistance, call the Illinois 

Department of Human Services Local Office 

(Family Community Resource Center).

1-800-843-6154

TTY 1-800-447-6404

You also can apply online at 

www.abe.illinois.gov

Medicaid Fraud Control Unit

The Illinois State Police run the Medicaid Fraud 

Control Bureau that investigates and prosecutes 

abuse and fraud by health care providers. 

The Medicaid Fraud Control Bureau has three 

regional Medicaid Fraud Control Units.

Tinley Park 

1-708-633-5500

Springfield 

1-217-785-3322

Collinsville 

1-618-346-3434

www.isp.state.il.us/crime/medicaidfraud.cfm
26 MANAGING SOMEONE ELSE’S MONEY 

Police or Sheriff

Find a law enforcement agency by checking the 

local directory. 

The Illinois State Police website can help you 

find local police numbers. www.isp.state.il.us/

districts/districtfinder.cfm

You can find a sheriff by visiting the Illinois 

Sheriffs’ Association website. www.ilsheriff.org/

index.php/directory

Federal agencies

Numerous federal agencies play a role in 

combatting fraud and abuse and educating 

consumers. Contact them for more information.

Consumer Financial Protection Bureau

1-855-411-CFPB

www.consumerfinance.gov

Do Not Call Registry

1-888-382-1222 

www.donotcall.gov

Federal Bureau of Investigation 

www.fbi.gov/scams-safety

Federal Trade Commission

1-877-FTC-HELP (382-4357) 

www.consumer.ftc.gov

Financial Fraud Enforcement Task Force

www.stopfraud.gov

Postal Inspection Service

1-877-876-2455 

https://postalinspectors.uspis.gov/

Social Security Administration

1-800-772-1213

www.socialsecurity.gov/payee

Department of Veterans Affairs

1-888-407-0144

www.benefits.va.gov/fiduciary

For legal help

Free legal services for people over age 60

Find local programs that provide free legal 

help to people over age 60 through the Illinois 

Department on Aging.

Illinois Senior HelpLine: 1-800-252-8966

https://www.illinois.gov/aging/

ProtectionAdvocacy/Pages/Legal-Assistance.

aspx

Free legal services for low-income people

Local programs that provide free legal help to 

low-income people in Illinois are:

Legal Assistance Foundation of Metropolitan 

Chicago 

Legal Assistance: 1-312-341-1070 

www.lafchicago.org

Land of Lincoln Legal Assistance Foundation, Inc. 

Legal Assistance: 1-877-342-7891 

www.lollaf.org

Prairie State Legal Services, Inc. 

Legal Assistance: 1-815-965-2134 

www.pslegal.org
Free legal services for people with 

disabilities

The Illinois program that provides free legal 

help for people with disabilities is Equip for 

Equality, Inc.

1-312-341-0022

1-800-537-2632

1-800-610-2779 (TTY)

www.equipforequality.org

Fee-for-service lawyers

This is a web page sponsored by the American 

Bar Association. It provides information about 

how to find a lawyer in each state. It also has 

information about legal resources available in 

each state, how to check whether a lawyer is 

licensed, and what to do if you have problems 

with a lawyer.

www.findlegalhelp.org

The Illinois State Bar Association has similar 

information and runs the Illinois Lawyer Finder 

website. 

1-217-525-1760

1-800-252-8908

www.isba.org

www.illinoislawyerfinder.com

For accounting help

Accountants

Find a local certified public accountant on the 

website of the American Institute of CPAs. 

www.aicpa.org/ForThePublic/FindACPA/

Pages/FindACPA.aspx


November 2016

 consumerfinance.gov

 Consumer Financial Protection Bureau

1700 G Street NW

Washington, DC 20552

 Toll free: (855) 411-CFPB (2372) 

TTY/TDD : (855) 729-CFPB (2372)

 info@consumerfinance.gov