In re Rocker

Illinois Appellate Court
Civil Court
Guardianship
Citation
Case Number: 
2017 IL App (4th) 170133
Decision Date: 
Tuesday, December 19, 2017
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed.
Justice: 
KNECHT

Court appointed plenary guardian of the person and estate of Petitioner, after Petitioner's family members discovered he was suffering from mental conditions and sent more than $100,000 to persons soliciting money over the Internet. Two years later, guardianship of the person was terminated in agreed stipulation by Petitioner and his guardian. Just under 2 years later, Respondent bank was appointed successor guardian of estate. Court properly denied Petitioner's petition to terminate guardianship of his estate. Petitioner did not present clear and convincing evidence he has full capacity to manage his estate so as to prevent its waste. Substantial evidence was presented, including Petitioner's own admission, that he intented to continue sending his money to Internet and phone solicitations. (TURNER and DeARMOND, concurring.)