Court awarded Petitioners (2 daughters) guardianship over the person of their mother, and awarded another Petitioner (son) guardianship over his mother's estate, and awarded another daughter visitation with her mother. Court's order appointing a guardian of a person or estate will not implicitly revoke an existing power of attorney (POA) in every case. Evidence showed that mother lacked capacity to control or to revoke the POA, and also revealed that son was indifferent to mother's living conditions and to his sister's financial exploitation of mother. Court's findings and order, revoking son's authority as mother's health care POA and naming 2 daughters as plenary guardians of the person, met requirements of Section 2-10 of POA Act. No abuse of discretion in court naming son as guardian of mother's estate, based on witness testimony and GAL reports. Order requiring that one daughter be allowed visitation with mother for 5 hours, 3 times a week, is premature, and no evidence suggested that 2 other daughters had unreasonably prevented her from visiting mother. (BARBERIS and GOLDENHERSH, concurring.)
Illinois Appellate Court
Civil Court
Guardianship