In Re Estate of Hickman

566 N.E.2d 881, 208 Ill. App. 3d 265, 153 Ill. Dec. 31, 1991 Ill. App. LEXIS 120
CourtAppellate Court of Illinois
DecidedJanuary 31, 1991
Docket4-90-0572
StatusPublished
Cited by1 cases

This text of 566 N.E.2d 881 (In Re Estate of Hickman) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Estate of Hickman, 566 N.E.2d 881, 208 Ill. App. 3d 265, 153 Ill. Dec. 31, 1991 Ill. App. LEXIS 120 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE LUND

delivered the opinion of the court:

Petitioners Dorothy Jones and James Burton appeal from the portion of the order of the circuit court of Vermilion County denying their petition to appoint a personal guardian for their aunt, the respondent. We affirm in part and reverse in part.

On December 26, 1989, petitioners filed a petition seeking the appointment of a guardian of the person and estate of the respondent. The court entered an order appointing petitioners temporary guardians of respondent’s person and estate. Respondent subsequently filed a counterpetition requesting the appointment of the Palmer Bank of Danville as her estate guardian.

An evidentiary hearing was held on February 28, 1990. Larry Kaufmann, a tenant farmer of respondent’s farmland in Cissna Park, Illinois, testified that in the past year he has sent the respondent at least two statements for expenses incurred. Respondent told him that she never received the statements and asked Kaufmann to help her locate them. While looking through respondent’s papers, Kaufmann found a payment-in-kind certificate issued by the Agricultural Stabilization and Conservation Service (ASCS) which had expired. Kaufmann also found a delinquency notice for unpaid property taxes and an unpaid fertilizer bill. Kaufmann additionally recalled being informed that the grain elevator had sent respondent a check for $10,000 to $12,000 for grain sold in March, which respondent did not cash for several months. Respondent asked Kaufmann to help her with the bills because her deceased husband took care of such things and she was unfamiliar with them.

Debra Jean Burton, a cosmetologist who is married to the respondent’s nephew, testified that the respondent visited her beauty shop in December 1989. When the respondent arrived, Dorothy Jones, respondent’s niece, was also there receiving a permanent. Respondent did not recognize Jones and told her that she had a sister who looked just like her. Debra Jean stated that respondent smelled like she had not bathed recently. When she shampooed respondent’s hair, Burton had to “wash in behind her ears to get the cakiness behind her ears.” After Debra Jean - finished the permanent, she and the respondent went to lunch. Although respondent had paid for her permanent at the beauty shop, she attempted to pay Debra Jean two more times during lunch. When respondent opened her purse to pay for lunch, Debra Jean noticed that respondent had taken items from the table, including the salt and pepper shakers.

Debra Jean’s husband James was appointed respondent’s temporary guardian. Since this appointment, Debra Jean has helped to pay respondent’s bills for her. She stated that the respondent had a 1988 radiology bill that had not been paid and a telephone bill that had not been paid for two months.

Clarence Burton, the respondent’s brother-in-law, described himself as a “tax man.” He stated that the respondent, who has had difficulty “keeping her bills paid,” asked him to assist her. In November 1989, he found numerous overdue bills in respondent’s home, as well as an uncashed check for $12,093.99 for grain which had been sold in early March. Clarence also stated that when he prepared respondent’s 1988 income tax returns, he had to apply for an extension because respondent kept no records. Clarence concluded that respondent is unable to manage her own financial affairs.

Lucille Conway, respondent’s sister-in-law, testified that she has known respondent for approximately 50 years. Conway stated that in the past year respondent would sometimes call her four or five times in one day, continually contradicting herself and forgetting that she had called previously.

Dorothy Jones, respondent’s niece and copetitioner in this action, testified that she lived with the respondent until age 12 and thereafter spent weekends and summers with her. Jones stated that respondent drove her car without insurance or a valid driver’s license until she took respondent’s car and put it in storage at her home. Jones has three daughters, two of whom respondent does not recognize. Respondent recognizes one of Jones’ daughters “once in awhile.” The last time respondent attempted to visit Jones’ home, she got lost.

Jones also described the condition of respondent’s health. She stated that respondent has a pacemaker and must take medication and wear a nitroglycerine patch every day. Jones added that respondent will refill her medication, “but she never takes it.” She later noted that respondent was once hospitalized for failing to take her heart medication. Jones also stated that respondent has to be taken to the hospital three or four times a year for chest pains.

When asked about respondent’s eating habits, Jones explained that respondent no longer cooks at home and does not eat properly. She goes out to eat when she is hungry. Jones also described respondent’s home at 110 Urban Drive in Westville. She said there is a big ball of bird seed on respondent’s dining room table. There are bugs in the bird seed. The respondent’s bird flies freely, and its droppings are all over the house.

James Burton, copetitioner in this case and nephew of the respondent, testified that he resided with the respondent from the time he was 13 months old until he reached 12 or 13 years of age. He also lived with the respondent and his uncle in Florida for approximately three years. James stated that the respondent is very forgetful. She locks herself out of her home and calls his home frequently, often repeating what she had just said in a prior call.

Respondent testified she is 80 years old, that no medication has been prescribed by her doctor, and that she has not been to a doctor for a long while. She stated she has not seen Dr. Alnaqib, her physician, for several years. When asked when she was last in the hospital, she responded “three or four months or something like that.” When asked whether she saw a doctor while she was in the hospital, she replied that she saw Dr. Alnaqib. Although respondent recalled that Dr. Alnaqib prescribed medication during her last visit to the hospital, she could not recall what he prescribed.

Counsel questioned the respondent about her relationship with John White. Respondent stated she was a housekeeper for White. She explained that she lived in Indiana with White part of the time because she did not want to be home. Respondent told her sister-in-law that she was married to White in order to avoid criticism.

Counsel then questioned the respondent regarding her personal and financial affairs. Respondent stated she had money in the Palmer and Cissna Park banks, although she did not know how much money was in either account. She said she has an automobile, but does not drive it. She explained that she does not have a driver’s license or insurance and that the car is now at Dorothy Jones’ house. Counsel also asked respondent if she remembered receiving a check for $12,093 for her crops last year. Respondent replied that she still has the check in her lock box at the Palmer Bank. When questioned about her farmland, respondent stated that she owns 110 acres of farmland in Cissna Park, Illinois, which is farmed by Larry Kaufmann. When asked about the petitioners Dorothy Jones and Jim Burton, respondent stated that she helped raise them.

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Bluebook (online)
566 N.E.2d 881, 208 Ill. App. 3d 265, 153 Ill. Dec. 31, 1991 Ill. App. LEXIS 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-hickman-illappct-1991.