Amy E. McCarty

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Amy E. McCarty

Partner
Location:
Chicago, Illinois
Phone:
312-419-0252
Fax:
312-419-7428
Email:

Ms. McCarty is widely regarded as a leading guardianship and probate attorney in the Chicagoland area. She has litigated well over a thousand guardianship cases, routinely obtaining favorable rulings for her clients in often complex and difficult matters. Her background as a former Assistant Public Guardian makes her especially skilled at pursuing cases involving abuse, neglect, and financial exploitation of both adults with disabilities and minors. She has litigated numerous exploitation cases that have resulted in significant financial recovery on behalf of persons with disabilities, and she regularly pursues orders of protection and citations on behalf of her clients.

In addition to guardianship and probate, Ms. McCarty’s areas of practice include child welfare and juvenile law, elder law, mental health and confidentiality, litigation and appeals. As part of her legal services, she works with over 70 hospitals and health care agencies, assisting them with all of their surrogate decision making, child welfare and mental health matters. Whether appealing DCFS findings, arguing the confidentiality of custody records in the circuit and appellate courts, or handling the countless other cases she pursues, Ms. McCarty is a fierce and compassionate advocate for her clients.

Ms. McCarty is an Adjunct Professor at Loyola University Chicago School of Law, where she has taught mental health law for over seven years. She is former Chair of the Chicago Bar Association’s Mental Health Law Committee and serves as member and legal advisor to the adult protective services M-Team for both PLOWS Council on Aging and the Sinai Institute. She routinely provides in-service trainings and presentations on a wide range of topics, such as guardianship, surrogate decision making, elder law, child welfare, and mental health and confidentiality.

Areas of Practice

  • Guardianship
  • Adoption
  • Child Welfare/Juvenile Law
  • Community Based Services
  • Elder Law
  • Health Care Law
  • Litigation & Appeals
  • Mental Health & Confidentiality Law
  • Probate & Estate Administration
  • Risk Management
  • Special Needs Planning
  • Trusts
  • Wills

Bar Admissions

  • Illinois
  • U.S. District Court Northern District of Illinois
  • Supreme Court of the United States of America

Education

  • John Marshall Law School, Chicago, Illinois
    • Juris Doctorate
  • University of Michigan, Ann Arbor, Michigan
    • Bachelor of Arts

Published Works

  • Contributing Editor, §§ 28:7 to 28:27, Chapter 28, Mental Health Issues, Law of Medical Practice in Illinois, 3rd, Vol. 22 (Illinois Practice Series), 2008 Supplement

Classes/Seminars

  • Adjunct Professor of Law, Mental Health Law, Loyola University Chicago School of Law, Health Care Institute, Chicago, Illinois, 2006 - 2015
  • Scheduled Presenter, Illinois Elder Law, PESI, Inc., January 28, 2016 - January 29, 2016
  • Presented, Capacity and Guardianship, IILCE 11th Annual Elder Law Short Course, November 12, 2015 - November 13, 2015
  • Presented, Illinois Mental Health and the Law, PESI, Inc., September 24, 2015 - September 25, 2015
  • Presented, Informed Consent, Powers of Attorney and Guardianship, Aperion Care Corporate Training, Bloomington, Illinois, February 23, 2015
  • Presented, Adult Protective Services/Remedies and Nursing Home Resident’s Rights, HEALTH ED/PESI Illinois Elder Law 2015, January 22, 2015 - January 23, 2015
  • Presented, Practical and Legal Options for Persons Diagnosed with Mental Illness, Health Ed Illinois Mental Health and the Law, October 30, 2014 - October 31, 2014
  • Presented, Adult Protective Services/Remedies and Nursing Home Resident’s Rights, HEALTH ED/PESI Illinois Elder Law 2014, January 17, 2014
  • Presented, Practical and Legal Options for Persons Diagnoses with Mental Illness, HEALTH ED/PESI Illinois Elder Law, September 26, 2013
  • Presented, Illinois Children's Mental Health and the Law, HEALTH ED/Illinois Juvenile Law, January 25, 2013
  • Presented, Illinois Mental Health and the Law, PESI/HealthEd, 2013 - 2014
  • Presented, Citations to Discover and Recover Assets and Related Probate Issues, Probate Practice Part 1, The Chicago Bar Association Continuing Legal Education, November 8, 2012
  • Presented, Illinois Children's Mental Health and the Law, HEALTH ED Illinois Juvenile Law, October 12, 2012
  • Presented, Mental Health, Confidentiality and the Practice of Social Work, Josselyn Center for Mental Health, September 10, 2012
  • Presented, Citations to Discover and Recover Assets, Elder Law Practice in the Circuit Court of Cook County: The New Elder Law and Miscellaneous Remedies Division of the Circuit Court, Judge Banks Seminar, March 23, 2012
  • Presented, Elder Abuse/Remedies and Nursing Home Resident's Rights, HEALTH ED Illinois Elder Law, January 27, 2012
  • Presented, Elder Abuse/Remedies and Nursing Home Resident's Rights, HEALTH ED Illinois Elder Law, September 23, 2011
  • Presented, Elder Abuse/Remedies and Nursing Home Resident's Rights, HEALTH ED Illinois Elder Law, January 21, 2011
  • Presented, Guardianship and Advance Directives: The Law of Surrogate Decision Making in Illinois, NASW Illinois Virtual Symposium on Ethics, September 14, 2010
  • Presented, The Limitations of a Legal Guardian: Immigrants and John Doe Cases, National Guardianship Association National Colloquium on Guardianship, April 23, 2010
  • Presented, Elder Abuse/Remedies and Nursing Home Resident's Rights, HEALTH ED Illinois Law, February 12, 2010
  • Presented, The Law of Surrogate Decision Making in Illinois, NASW Statewide Conference, September 11, 2009
  • Presented, Social Worker Ethics Seminar, Lake Forest Hospital, August 12, 2009
  • Presented, Child and Elder Abuse Reporting, Resurrection Health Care, April 22, 2009
  • Presented, Healthcare Risk Management, Chicagoland Healthcare Risk Management Society's (CHRMS) Law Day Program, November 7, 2008
  • Presented, Guardianship for Disabled Adults, Northwestern Memorial Hospital, June 8, 2007
  • Presented, Elder Law Panel, The John Marshall Law School, November 29, 2006
  • Presented, Guardianship and Advocacy: Ethical and Legal Issues in Healthcare, Regency Healthcare, May 19, 2005

Professional Associations and Memberships

  • The Chicago Bar Association, Mental Health and Disability Law Committee, Chair, 2012 - 2013
  • Multidisciplinary Team (M-Team), PLOWS Council on Aging, Illinois Department on Aging, Elder Abuse and Neglect Program, Member
  • Multidisciplinary Team (M-Team), Sinai Institute, Illinois Department on Aging, Elder Abuse and Neglect Program, Member
  • Illinois State Bar Association, Member
  • National Academy of Elder Law Attorneys (NAELA), Member

Past Employment Positions

  • Cook County Public Guardian’s Office, Assistant Public Guardian

Pro Bono Activities

  • Meals on Wheels Chicago, Board Member, 2014 - Present
  • Meals on Wheels, Celebrity Chef Committee Member, 2010 - Present
  • Chicago Volunteer Legal Services (CVLS), Pro Bono Guardian Ad Litem in Guardianship Cases, 2004 - Present
  • Misericordia Human Rights Commission, Member, 2014 - Present