In re Estate of Beetler

Illinois Appellate Court
Civil Court
Power of Attorney Act
Citation
Case Number: 
2017 IL App (3d) 160248
Decision Date: 
Tuesday, August 29, 2017
District: 
3d Dist.
Division/County: 
Knox Co.
Holding: 
Reversed and remanded.
Justice: 
WRIGHT

Woman, age 64 and suffering from dementia, was adjudged a disabled adult; she had named her husband her power of attorney (POA) for health care in previous year, but judge appointed her daughter as her plenary guardian, and authorized guardian to remove her from husband's care. Letters of guardianship issued by deputy circuit clerk, which contained language beyond the terms contained in court order, should not be interpreted as a judicial order revoking husband's status as POA for health care.  Absent a written court order explicitly directing a plenary guardian to exercise powers of principal under agency pursuant to POA Act, appointment of a plenary guardian does not automatically revoke an existing POA for health care.(LYTTON, concurring; SCHMIDT, specially concurring.))