Struck v. Cook County Public Guardian

901 N.E.2d 946, 387 Ill. App. 3d 867, 327 Ill. Dec. 213, 2008 Ill. App. LEXIS 1258
CourtAppellate Court of Illinois
DecidedDecember 17, 2008
Docket1-07-1865, 1-07-1916, 1-08-0700 cons.
StatusPublished
Cited by10 cases

This text of 901 N.E.2d 946 (Struck v. Cook County Public Guardian) 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
Struck v. Cook County Public Guardian, 901 N.E.2d 946, 387 Ill. App. 3d 867, 327 Ill. Dec. 213, 2008 Ill. App. LEXIS 1258 (Ill. Ct. App. 2008).

Opinions

JUSTICE QUINN

delivered the opinion of the court:

Plaintiff, James T. Struck, appeals pro se from orders of the circuit court of Cook County appointing the Cook County Public Guardian Robert F. Harris (Public Guardian) as the successor plenary guardian of the person and estate of Janie E Back Struck, James’ mother, and denying James’ petition for Janie’s restoration. James also appeals from orders of the circuit court restricting or denying him visitation with Janie. For the following reasons, we dismiss James’ appeal pertaining to the appointment of the Public Guardian for lack of jurisdiction and we dismiss James’ appeals pertaining to visitation for a lack of standing.

In 1986, Janie was adjudicated a disabled adult by the circuit court pursuant to the Probate Act of 1975 (Probate Act) (755 ILCS 5/1 la — 3(b) (West 2006)). From 1986 until 2006, Janie’s oldest son, Daniel Struck, served as plenary guardian of Janie’s estate and person. Janie is 72 years old and has a history of mental illness, including diagnoses of schizophrenia, schizo-affective disorder, and bipolar manic disorder. Janie also suffers from hypertension, hypothyroidism, diabetes, anemia, multiple gastric ulcers and heart problems.

On January 3, 2006, James filed a petition to be appointed guardian of Janie’s estate. James’ petition asked for reimbursement of expenses for storing furniture, paying for Janie’s groceries, transportation and trips to the doctor.

On January 6, 2006, Daniel filed a petition for leave to resign as Janie’s guardian and the Public Guardian filed a petition for successor guardianship. In his petition, Daniel stated that he was no longer able to serve as guardian due to work and family obligations. Daniel also suffered a mild to moderate heart attack and was told to avoid stress. Daniel stated that during his guardianship, his mother had lived in the community but difficulties arose and Janie was hospitalized, then placed in a nursing home. After repeated requests, the circuit court allowed Janie to live with James in the community with an expense-sharing arrangement. Daniel stated that the experiment of Janie living with James and sharing expenses was not working well. Daniel stated that since “the experiment at Residential Living of my mother with my brother [James], I have been faced with a series of pro se petitions filed by my brother, suggestions from him of his intention to complain about me to one governing body or another, resistance to supervision by my mother, and abundant supplies of stress.” The circuit court allowed Daniel’s petition to resign conditioned on a final accounting and the appointment of a successor guardian.

Following Daniel’s resignation as guardian, Janie was hospitalized, then placed in a nursing home. On March 5, 2006, James filed a cross-petition for successor guardianship. In his petition, James stated that Janie was a disabled person due to “hypertension and overreaction to past discrimination.” On March 22, 2006, James filed a notice of motion asking for Janie to leave the nursing home.

On March 27, 2006, Janie’s guardian ad litem (GAL) filed a motion to dismiss James’ cross-petition for successor guardianship. In the motion to dismiss, the GAL stated that James was not qualified to act as Janie’s guardian where he could not post a surety bond because he was unwilling to obtain an attorney to represent him. The GAL also stated that James did not acknowledge or accept Janie’s mental illness where James’ cross-petition stated that Janie’s disability was due to “hypertension and overreaction to past discrimination.” In support of her motion to dismiss, the GAL attached the report of a psychiatric evaluation of Janie conducted by Dr. Mark A. Amdur on July 3, 2004. James was present during Dr. Amdur’s evaluation of Janie, and Dr. Amdur conducted a telephone interview with Daniel. In his report, Dr. Amdur diagnosed Janie with schizo-affective disorder and anosognosia, which is the failure to appreciate one’s own illness. Consistent with anosognosia, Janie saw no need for antipsychotic medications and was currently refusing to take her medications. In addition, Janie minimized the nature and severity of her symptoms. Janie demonstrated bursts of anger and Daniel reported that Janie has been physically and verbally assaultive. Dr. Amdur reported that James did not think that Janie needed to take antipsychotic medications. Dr. Amdur concluded that long-acting injectable antipsychotic medication was the only way to provide reliable medication to Janie and recommended continued placement at a nursing home facility to ensure Janie received her medication. Dr. Amdur concluded that, in his opinion, without the benefit of antipsychotic medication, if Janie were returned to the community, within a few months she would relapse to a condition where she would be unable to care for herself and would pose a potential danger to others.

On April 3, 2006, James filed a reply to the GAL’s motion to dismiss his cross-petition for successor guardianship. In his reply, James disputed Dr. Amdur’s diagnosis of schizo-affective disorder and stated that Janie suffered from posttraumatic stress and an “overreaction to discrimination.” Also on April 6, 2006, James filed a petition for “the termination or modification of adjudication of disability” on Janie’s behalf. In that petition, James stated that Janie was able to care for herself and that “several doctors” indicated that Janie would be better off living in a “less restrictive environment outside of a nursing home.”

On May 3, 2006, the circuit court conducted a hearing on the Public Guardian’s petition for successor guardianship and the GAL’s motion to dismiss James’ cross-petition for successor guardianship. In support of her motion to dismiss, the GAL argued that James refused to acknowledge Janie’s diagnosed mental condition and James, therefore, would be unable to provide a care plan for Janie. The GAL also noted that in the previous year James took Janie out of the nursing home and lived with Janie, then Janie had to return to the facility. James was represented by an attorney at the hearing. James’ attorney argued that James accepted that Janie suffered from manic depression or posttraumatic stress and James agreed to take Janie to a mental health center for treatment and medication. James’ attorney explained that when James lived with Janie, problems occurred because Daniel, Janie’s guardian at the time, did not pay funds in the manner Janie requested. James’ attorney argued that James could live with Janie and that Janie was capable of caring for herself.

Following the parties’ arguments, the circuit court indicated that in the past James persuaded the court to allow Janie to live with him. The court stated that as a result of Janie living in the community with James, Janie was involuntarily committed. The circuit court concluded that James’ past behavior and behavior during the hearing did not demonstrate an “ability to provide a suitable role of guardian.” The circuit court granted the GAL’s motion to dismiss James’ cross-petition for successor guardian and appointed the Public Guardian as successor plenary guardian of Janie’s estate and person.

On September 13, 2006, the circuit court conducted a hearing on James’ petition for restoration or modification of the adjudication of disability. The circuit court found that James failed to provide clear and convincing evidence in support of the petition.

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Struck v. Cook County Public Guardian
901 N.E.2d 946 (Appellate Court of Illinois, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
901 N.E.2d 946, 387 Ill. App. 3d 867, 327 Ill. Dec. 213, 2008 Ill. App. LEXIS 1258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/struck-v-cook-county-public-guardian-illappct-2008.