In re Estate of Rodden

Illinois Appellate Court
Civil Court
Powers of Attorney
Citation
Case Number: 
2015 IL App (1st) 140798
Decision Date: 
Monday, January 12, 2015
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
DELORT
Office of Public Guardian filed petition for guardianship over 93-year-old man whose friend and caretaker had been his POA for health care and property. After POA resigned, Public Guardian discovered that she had written $17,000 in checks to herself from ward's account. Public Guardian then filed Petition for Accounting under POA for Property. Power of Attorney Act allows guardian to proceed by petition, in the nature of third-party counterclaim brought under existing guardianship case, rather than in a new, independent proceeding. Petition is functional equivalent of a summons, commanding POA to appear and account before the court on a specified date, time, and place. (CUNNINGHAM and CONNORS, concurring.)