The question on appeal was whether the respondent was properly subjected to involuntary administration of psychotropic medication under section 2-107.1 of the Mental Health and Developmental Disabilities Code. Respondent argued that a circuit court order permitting the involuntary administration of medication violated his right to make health care decisions through the agent he appointed under the Powers of Attorney for Health Care Law. The Supreme Court affirmed, explaining that the statutes could be interpreted in harmony because the provisions of section 2-107.1 are a narrow exception to the health care agent’s authority to make health care decisions and that the statutory provisions demonstrate a clear legislative intent to allow the narrow relief provided by section 2-107.1 if the standards of that section are met. (ANNE M. BURKE, THEIS, NEVILLE, MICHAEL J. BURKE, and OVERSTREET, concurring. HOLDER WHITE took no part in the decision.)
Illinois Supreme Court
Civil Court
Involuntary Administration of Medication