Karbin v. Karbin

Illinois Supreme Court
Civil Court
Case Number: 
2012 IL 112815
Decision Date: 
October 4, 2012
1st Dist.
Cook Co.
Reversed and remanded.
Guardian of disabled adult may use the substituted-judgment provisions in Section 11a-17(e) of the Probate Act to make all types of uniquely personal decisions in the ward's best interests, including the decision to seek a dissolution of marriage. Disabled persons could want or need to institute divorce proceedings; although the traditional rule viewed their wants or needs as legally irrelevant or dismissed as unascertainable, continued application of that rule results in inequity to disabled spouses that conflicts with policy underlying Probate Act, especially given modern framework of no-fault divorce. (KILBRIDE, THOMAS, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)