In re Guardianship Estate of Tatyanna T. -

Illinois Appellate Court
Civil Court
Guardianship
Citation
Case Number: 
2012 IL App (1st) 112957
Decision Date: 
Friday, August 10, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
McBRIDE
(Court opinion corrected 8/30/12.) Per oral agreement with mother, then age 16, petitioners had cared for child in the home from birth until age 7, when child began living with mother. Petitioners filed for guardianship, arguing that mother had voluntarily relinquished custody of child to them. Prior version of Guardianship Act, Section 11-5(b), which is applicable, granted standing to petitioners only in limited situations where parent consented to guardianship or child had no living parent able to care for child. Parent cannot, outside of court, orally consent to appointment of guardian over her child, and "constructive guardianship" is not recognized. Mother had refused Petitioners' repeated requests for written agreement to custody, and mother showed evidence that arrangement was inherently temporary in nature. (EPSTEIN and HOWSE, concurring.)