Principled Advocacy For Families And Individuals With Disabilities And The Professionals Who Serve Them

Amy E. McCarty

Biography

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.

Practice Areas

  • 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

Education

  • The John Marshall Law School
    • Juris Doctor
  • University of Michigan, Ann Arbor, Michigan
    • Bachelor of Arts

Bar Admission

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

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 to 2015
  • Scheduled Presenter, Illinois Elder Law, PESI, Inc., 01/28/2016 to 01/29/2016
  • Presented, Capacity and Guardianship, IILCE 11th Annual Elder Law Short Course, 11/12/2015 to 11/13/2015
  • Presented, Illinois Mental Health and the Law, PESI, Inc., 09/24/2015 to 09/25/2015
  • Presented, Informed Consent, Powers of Attorney and Guardianship, Aperion Care Corporate Training, Bloomington, Illinois, 02/23/2015 to 02/23/2015
  • Presented, Adult Protective Services/Remedies and Nursing Home Resident’s Rights, HEALTH ED/PESI Illinois Elder Law 2015, 01/22/2015 to 01/23/2015
  • Presented, Practical and Legal Options for Persons Diagnosed with Mental Illness, Health Ed Illinois Mental Health and the Law, 10/30/2014 to 10/31/2014
  • Presented, Adult Protective Services/Remedies and Nursing Home Resident’s Rights, HEALTH ED/PESI Illinois Elder Law 2014, 01/17/2014 to 01/17/2014
  • Presented, Practical and Legal Options for Persons Diagnoses with Mental Illness, HEALTH ED/PESI Illinois Elder Law, 09/26/2013 to 09/26/2013
  • Presented, Illinois Children's Mental Health and the Law, HEALTH ED/Illinois Juvenile Law, 01/25/2013 to 01/25/2013
  • Presented, Illinois Mental Health and the Law, PESI/HealthEd, 2013 to 2014
  • Presented, Citations to Discover and Recover Assets and Related Probate Issues, Probate Practice Part 1, The Chicago Bar Association Continuing Legal Education, 11/08/2012 to 11/08/2012
  • Presented, Illinois Children's Mental Health and the Law, HEALTH ED Illinois Juvenile Law, 10/12/2012 to 10/12/2012
  • Presented, Mental Health, Confidentiality and the Practice of Social Work, Josselyn Center for Mental Health, 09/10/2012 to 09/10/2012
  • 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, 03/23/2012 to 03/23/2012
  • Presented, Elder Abuse/Remedies and Nursing Home Resident's Rights, HEALTH ED Illinois Elder Law, 01/27/2012 to 01/27/2012
  • Presented, Elder Abuse/Remedies and Nursing Home Resident's Rights, HEALTH ED Illinois Elder Law, 09/23/2011 to 09/23/2011
  • Presented, Elder Abuse/Remedies and Nursing Home Resident's Rights, HEALTH ED Illinois Elder Law, 01/21/2011 to 01/21/2011
  • Presented, Guardianship and Advance Directives: The Law of Surrogate Decision Making in Illinois, NASW Illinois Virtual Symposium on Ethics, 09/14/2010 to 09/14/2010
  • Presented, The Limitations of a Legal Guardian: Immigrants and John Doe Cases, National Guardianship Association National Colloquium on Guardianship, 04/23/2010 to 04/23/2010
  • Presented, Elder Abuse/Remedies and Nursing Home Resident's Rights, HEALTH ED Illinois Law, 02/12/2010 to 02/12/2010
  • Presented, The Law of Surrogate Decision Making in Illinois, NASW Statewide Conference, 09/11/2009 to 09/11/2009
  • Presented, Social Worker Ethics Seminar, Lake Forest Hospital, 08/12/2009 to 08/12/2009
  • Presented, Child and Elder Abuse Reporting, Resurrection Health Care, 04/22/2009 to 04/22/2009
  • Presented, Healthcare Risk Management, Chicagoland Healthcare Risk Management Society's (CHRMS) Law Day Program, 11/07/2008 to 11/07/2008
  • Presented, Guardianship for Disabled Adults, Northwestern Memorial Hospital, 06/08/2007 to 06/08/2007
  • Presented, Elder Law Panel, The John Marshall Law School, 11/29/2006 to 11/29/2006
  • Presented, Guardianship and Advocacy: Ethical and Legal Issues in Healthcare, Regency Healthcare, 05/19/2005 to 05/19/2005

Pro-Bono Activities

  • Meals on Wheel Chicago, President, 2019
  • Meals on Wheels Chicago, Board Member, 2014 to Present
  • Meals on Wheels, Celebrity Chef Committee Member, 2010 to Present
  • Chicago Volunteer Legal Services (CVLS), Pro Bono Guardian Ad Litem in Guardianship Cases, 2004 to Present
  • Misericordia Human Rights Commission, Member, 2014 to Present

Past Positions

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

Professional Associations

  • The Chicago Bar Association, Mental Health and Disability Law Committee, Chair, 2012 to 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

Honors

  • Super Lawyer, 2021