Farwell v. Senior Services Associates

Plaintiff filed suit based on her being removed from her home and transported to care center, after appointment of Senior Services as her temporary guardian. Her home was found uninhabitable and posed threat to her health and safety. Although facts underlying petition changed, and petition was withdrawn, once Plaintiff agreed to move to another home she owned, the change did not render temporary guardianship order void. Court properly granted Section 2-619 motion to dismiss, as false imprisonment, malicious prosecution, and abuse of process claims cannot stand, as Defendants had reasonable grounds and legal authority to move Plaintiff based on valid guardianship order. Civil conspiracy claims cannot stand in absence of underlying intentional torts of Defendants. (BURKE and BIRKETT, concurring.)