In Re Estate of B.R.S.,

Illinois Appellate Court
Civil Court
Guardianship
Citation
Case Number: 
2015 IL App (3d) 150038
Decision Date: 
Friday, June 12, 2015
District: 
3d Dist.
Division/County: 
Tazewell Co.
Holding: 
Vacated and remanded.
Justice: 
McDADE
Both parents relinquished their parental rights and their daughter, then age 4, was adopted by her paternal grandmother, who died five years later. Mother then petitioned for emergency and temporary guardianship of minor. Court erred in granting plenary guardianship of minor to mother, as her petition was deficient in that it failed to list names and addresses of close relatives, and court abused its discretion in ignoring material facts of which it was made aware and which were omitted from mother’s petition, and in failing to conduct evidentiary hearing to determine whose guardianship was in best interest of minor. (HOLDRIDGE and WRIGHT, concurring.)