In Re Guardianship of Austin

615 N.E.2d 411, 245 Ill. App. 3d 1042, 185 Ill. Dec. 852
CourtAppellate Court of Illinois
DecidedJune 10, 1993
Docket4-92-0641
StatusPublished
Cited by11 cases

This text of 615 N.E.2d 411 (In Re Guardianship of Austin) 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 Guardianship of Austin, 615 N.E.2d 411, 245 Ill. App. 3d 1042, 185 Ill. Dec. 852 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE STEIGMANN

delivered the opinion of the court:

The Office of State Guardian (OSG) appeals from guardianship orders entered for 14 persons, 10 of the orders naming OSG as limited guardian of the person and estate, and four naming family members as limited guardians of the person and estate. OSG contests (1) the limitations placed upon the guardians’ authority to consent to certain medical and placement decisions, and (2) the inclusion within the orders of the appointment of guardians of the estate. We affirm the 10 guardianship orders naming OSG as limited guardian of the person and estate and dismiss the appeals involving the four respondents for whom family members were appointed as guardians.

I. Background

On March 20, 1992, OSG filed petitions for the appointment of temporary guardians and “For Appointment of Limited Guardians of the Person and Plenary Guardian of the Estate” of 14 allegedly disabled persons (hereinafter referred to as wards) (see 111. Rev. Stat. 1991, ch. IIOV2, par. lla — 2) who all then resided at Elmwood Manor, an unlicensed room and board facility in Woodford County scheduled to close on April 1, 1992. By the time of the first hearings, held on April 30 and May 4, 1992, all the wards had been transferred to other residential facilities and the temporary guardianship petitions became moot.

In its petitions for limited guardianship, OSG alleged that each respondent was a disabled person incapable of managing her own person and estate as shown by the physician’s report and sought the following: (1) an adjudication that respondent was a disabled person; (2) its appointment “as limited guardian of the person and plenary guardian of the estate, *** with the power to give medical consents [and] enter into contracts on behalf of the ward”; (3) the limited guardian of the person be granted the power to admit the ward to an appropriate residential facility without further court order; and (4) for such other relief as the court may deem just and equitable.

The only medical evidence presented during the hearings on the petitions concerning the wards’ disabilities was the reports of Dr. Ingalsbe (their physician at Elmwood Manor) and testimony by caseworkers and the managing administrator of OSG. The guardian ad litem (GAL) appointed by the court waived the appearance of each of the wards and Dr. Ingalsbe. Each of Dr. Ingalsbe’s reports listed the following for each ward: (1) a March 11, 1992, examination of the ward, (2) the medical or psychiatric diagnosis, (3) a recommended living arrangement providing 24-hour supervision for the ward, and (4) a recommended appointment of a limited guardian. None of Dr. Ingalsbe’s reports indicated the type or duration of medication prescribed for the wards. Instead, caseworkers from OSG testified to the type of psychotropic medication prescribed by Dr. Ingalsbe for 12 wards (two wards were not receiving psychotropic medication). OSG presented no evidence regarding the intended effect of the medication, how the medication would ameliorate the symptoms in each ward’s diagnosis, or any alternatives to continued medication.

On May 19, 1992, the trial court entered orders appointing OSG as limited guardian of the person and estate for 10 of the wards, and family members as guardians for the remaining four. All of the orders stated that no physical or “chemical restraint” was authorized beyond the expiration of a 30-day period following the last date psychotropic medicine had already been prescribed for the wards. The orders also denied the guardian the power to make the decision to forego life-sustaining treatment pursuant to the Health Care Surrogate Act (Surrogate Act) (Ill. Rev. Stat. 1991, ch. llO1^, par. 851 — 1 et seq.) and limited the guardian’s authority to make residential placement of the respondent to a shelter care or higher level of care facility.

OSG then filed a motion for reconsideration alleging that (1) the trial court failed to distinguish between “chemical restraint” and “psychotropic medication” and should have granted the guardians authority to consent to the administration of psychotropic medication; (2) the guardians should not have been denied the authority on behalf of the ward to forego life-sustaining treatment pursuant to the Surrogate Act; (3) the court erred in limiting the guardians’ authority to make residential placement decisions; and (4) the court erred in appointing guardians of the estate for each ward.

On July 7, 1992, the court entered subsequent guardianship orders for each of the 14 wards. Those orders contained the following provisions:

“That the Limited Guardian shall have the following powers or limitations upon powers:
1. To execute medical consents.
2. To enter into contracts.
3. To release necessary information.
4. To authorize direct payment of Social Security or other governmental benefit income to such care facilities as are hereunder authorized.
5. No physical or chemical restraint is authorized other than what was then in use and approved at the time of the hearing on the Petition.
6. To authorize emergency use of physical or chemical restraint for up to 30 days without further Court order on the condition that such restraint, of any length, is promptly submitted for Court approval.
7. No power is granted to make a decision to forgo life-sustaining treatment without further application and notice to the Court and the Guardian ad Litem. Such application will be scheduled and heard on an emergency basis if requested.
8. To make residential placement of the Respondent in a matter [sic] that maximizes the Respondent’s self-reliance.
_(Also applicable if checked) In view of the evidence regarding medication required for the treatment and/or restraint of the Respondent, residential placement shall consist of at least Shelter Care or a higher level of care.” (Emphasis in original.)

We note that in case Nos. 92 — P—35 and 92 — P—37, the wards were not receiving psychotropic medication, and residential placement was not limited to a shelter care or higher level of care. OSG appeals on behalf of all 14 wards, raising the same issues as in its motions for reconsideration relating to the limits imposed on the guardians’ decision-making authority and challenging the appointment of guardians of the estates.

II. Standing To Appeal

We initially note that OSG was appointed limited guardian of the person and estate in only 10 of the 14 cases which it purports to appeal. In the other four cases, the court appointed family members limited guardians of the person and estate (regarding respondents Evyonne Beenders (case No. 92 — P—25), Mary Cady (case No. 92 — P— 26), Sharlene Donaldson (case No. 92 — P—27), and Jeanette Hitchcock (case No. 92 — P—31)).

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Bluebook (online)
615 N.E.2d 411, 245 Ill. App. 3d 1042, 185 Ill. Dec. 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-guardianship-of-austin-illappct-1993.