Court erred in authorizing the involuntary administration of psychotropic medications and other medical tests. Because Respondent continued to object to the treatment proposed by her psychiatrist, her guardian was not statutorily authorized to consent to that treatment without first going through the court approval proceedings as per Mental Health Code. Circuit Court erred in failing to carry out its duty to make necessary assessment of the risks and benefits of the proposed treatment based on the evidence before it. As Respondent had serious nonpsychiatric medical issues, and without the results of the mandated medical examination and without expert testimony as to associated risks, it was manifestly erroneous for court to find clear and convincing evidence that benefits of proposed treatment outweighed the harm. (DELORT and CUNNINGHAM, concurring.)
Illinois Appellate Court
Civil Court
Involuntary Administration of Medication