Illinois Appellate Court
Civil Court
Guardianship
Court lacked jurisdiction to proceed on merits of guardianship petition of minors filed by minors' maternal aunt, as court did not first hold evidentiary hearing as to respondent mother's willingness and ability to care for her children. A separate hearing must be held first on parental fitness, and only if the presumption of fitness is rebutted in that hearing does the court have jurisdiction to proceed to determine whether guardianship is in the best interests of the minor.
(CARTER and LYTTON, concurring.)