In re Carol B.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2017 IL App (4th) 160604
Decision Date: 
August 24, 2017
District: 
4th Dist.
Division/County: 
Sangamon Co.
Justice: 
HOLDER WHITE
Holding: 
Reversed.

Respondent was involuntarily admitted to mental health facility. Upon her admission, psychiatrist determined Respondent lacked the capacity to consent to treatment and lacked a guardian or power of attorney to make a decision on her behalf. Under Section 2-107(a) of Mental Health Code, Respondent had the right to refuse administration of medication. State violated Section 2-107(a), when psychiatrist  prematurely administrated psychotropic medication,because Respondent lacked capacity to consent to treatment and her condition did not require administration of medication to prevent her from causing serious and imminent physical harm to herself or others. State's delay in filing amended petition left Respondent involuntarily admitted for more than a month before she received a hearing date, which denied her liberty interests. (HARRIS and APPLETON, concurring.)