In re Estate of Kusmanoff

Illinois Appellate Court
Civil Court
Guardianship
Citation
Case Number: 
2017 IL App (5th) 160129
Decision Date: 
Tuesday, August 29, 2017
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Affirmed in part and reversed in part; vacated in part; remanded with directions.
Justice: 
MOORE

Daughter of woman, age 74, filed petitions to adjudge her mother as a disabled adult and to appoint her as temporary and plenary guardian of her person and estate. Court properly found that woman requires guardian of her estate, given clear and convincing evidence that she is unable to fully manage her sizeable estate. Remanded for limited purpose of evidentiary hearing in which circuit court appoints a corporation (pursuant to Section 11a-5(c ) of Probate Act) as guardian of woman's estate and imposes any limitations on that guardianship that should be imposed based on her actual mental, physical, and adaptive limitations. Woman should be permitted to be absent from hearing and her testimony may be procured through electronic or other means. Evidence suggests that woman suffers from mild to moderate decline in cognitive function, but does not suggest need for guardian of her person.(WELCH and OVERSTREET, concurring.)