In Re Estate of Wilson

905 N.E.2d 957, 329 Ill. Dec. 119, 389 Ill. App. 3d 771, 2009 Ill. App. LEXIS 181
CourtAppellate Court of Illinois
DecidedMarch 31, 2009
Docket1-07-1433
StatusPublished
Cited by7 cases

This text of 905 N.E.2d 957 (In Re Estate of Wilson) 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 Wilson, 905 N.E.2d 957, 329 Ill. Dec. 119, 389 Ill. App. 3d 771, 2009 Ill. App. LEXIS 181 (Ill. Ct. App. 2009).

Opinions

JUSTICE McBRIDE

delivered the opinion of the court:

Respondent Karen A. Bailey appeals for the second time in this guardianship action arising from her alleged financial exploitation and physical neglect of an elderly Chicago resident, Mary Ann Wilson. Bailey held powers of attorney over Wilson’s property, real estate, and health care, when Wilson’s investment account was emptied and she was found in poor physical and mental health. After appointing a guardian ad litem who investigated the circumstances, the circuit court “suspended” Bailey’s agency relationship and named Wilson’s cousin, petitioner Arnetta Williams, as temporary guardian. Bailey sought a temporary restraining order to prevent Williams from acting pursuant to the court’s temporary guardianship order, but her motion was denied and we affirmed the court’s ruling in In re Estate of Wilson, 373 Ill. App. 3d 1066, 869 N.E.2d 824 (2007). In the circuit court, Williams and the guardian ad litem petitioned to permanently revoke the powers of attorney and obtain an accounting, and Bailey filed a motion for substitution of judge for cause pursuant to section 2 — 1001(a)(3)(iii) of the Code of Civil Procedure (735 ILCS 5/2— 1001 (a)(3)(iii) (West 2006)) and to dismiss her opponents’ petitions. The trial judge found the motion for substitution of judge was deficient and denied it instead of transferring it to another judge for hearing, from which Bailey now appeals. Bailey also appeals from the denial of her motion to dismiss the petition for revocation and an accounting, from the revocation of the powers of attorney, and from the entry of judgment against her in favor of Wilson’s estate in the amount of $297,708.95.

We first set out the facts, procedural history, and legal principles relevant to Bailey’s motion for substitution of judge for cause which was denied by the judge named in the motion. On May 3, 2006, a public health nurse employed by Chicago’s department of aging to provide crisis intervention for at-risk senior citizens went to Wilson’s home to conduct a well-being check. Wilson was then 86 years old and residing at 10963 South Sangamon Street with Clifford Service, who was also in his 80s. The nurse, Sherry Ponce De Leon, talked with Wilson and Service, and their part-time nurse, Arlette Bowman, and observed that Wilson and Service were frail, confused, and in need of medical intervention. Bowman said there were no medications in the house for Wilson or Service, and Wilson and Service complained they had not been seen by a physician and that their pension checks were missing. Ponce De Leon drove Wilson and Service to St. Mary’s of Nazareth Hospital, where they were admitted to the hospital by an emergency room physician and where they would remain for several weeks before being transferred to skilled nursing care. Shortly after Ponce De Leon’s intervention, Isaac Heard, Sr., who is Wilson’s brother or cousin and resides in Charlotte, North Carolina, filed a petition on May 12, 2006, to have Wilson declared disabled as a result of severe dementia and to appoint Wilson’s cousin Arnetta Williams as her guardian.

The Probate Act of 1975 provides that “[ujpon the filing of a petition by a reputable person or by the alleged disabled person himself or on its own motion, the court may adjudge a person to be a disabled person” (as defined by the Act) and may appoint (1) a guardian of his person “if it has been demonstrated by clear and convincing evidence that because of his disability he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care of his person,” (2) a guardian of his estate “if it has been demonstrated by clear and convincing evidence that because of his disability he is unable to manage his estate or financial affairs,” or (3) a guardian of his person and of his estate. 755 ILCS 5/1 la — 3 (West 2004). Before appointing a guardian under the Act, the court may appoint a temporary guardian “upon a showing of the necessity therefor for the immediate welfare and protection of the alleged disabled person or his estate on such notice and subject to such conditions as the court may prescribe.” 755 ILCS 5/1 la — 4 (West 2004). In determining the necessity for temporary guardianship, the immediate welfare and protection of the alleged disabled person and his or her estate shall be of paramount concern, and the interests of the petitioner, any care provider, or any other party shall not outweigh the interests of the alleged disabled person. 755 ILCS 5/1 la — 4 (West 2004). A temporary guardianship expires within 60 days after the appointment or whenever a plenary guardian is appointed, whichever occurs first. 755 ILCS 5/1 la — 4 (West 2004).

The Act further provides that upon the filing of a petition for adjudication of disability and appointment of guardian and before a hearing on the petition:

“The court shall appoint a guardian ad litem to report to the court concerning the [person’s] best interests consistent with the provisions of this Section, except that the appointment of a guardian ad litem shall not be required when the court determines that such appointment is not necessary for the protection of the [person] or a reasonably informed decision on the petition. *** The guardian ad litem may consult with a person who by training or experience is qualified to work with *** persons with mental illness, or physically disabled persons, or persons disabled because of mental deterioration ***. The guardian ad litem shall personally observe the [person] prior to the hearing and shall inform him orally and in writing of the contents of the petition and of his rights under Section 11a — 11. The guardian ad litem shall also attempt to elicit the [person’s] position concerning the adjudication of disability, the proposed guardian, a proposed change in residential placement, changes in care that might result from the guardianship, and other areas of inquiry deemed appropriate by the court. At or before the hearing, the guardian ad litem shall file a written report detailing his or her observations of the [person], the responses of the [person] to any of the inquiries detailed in this Section, the opinion of the guardian ad litem or other professionals with whom the guardian ad litem consulted concerning the appropriateness of guardianship, and any other material issue discovered by the guardian ad litem. The guardian ad litem shall appear at the hearing and testify as to any issues presented by his or her report.” 755 ILCS 5/1 la — 10 (West 2004).

On the same day that Heard filed his petition for adjudication of disability, the court appointed Sandra Theil as Wilson’s guardian ad litem (subsequently GAL) and ordered her to interview Wilson and report to the court regarding the merits of Heard’s petition.

On May 15, 2006, the GAL appeared before the court and reported that Wilson’s admission to the hospital was attributed to “failure to thrive and aphasia1

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Related

In Re Estate of Wilson
939 N.E.2d 426 (Illinois Supreme Court, 2010)
Williams v. Bailey
939 N.E.2d 426 (Illinois Supreme Court, 2010)
Williams v. Estate of Cole
914 N.E.2d 234 (Appellate Court of Illinois, 2009)
In Re Estate of Wilson
905 N.E.2d 957 (Appellate Court of Illinois, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
905 N.E.2d 957, 329 Ill. Dec. 119, 389 Ill. App. 3d 771, 2009 Ill. App. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-wilson-illappct-2009.