Estate of Galvin v. Galvin

112 Ill. App. 3d 677, 68 Ill. Dec. 370, 445 N.E.2d 1223 (1983)

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Estate of Galvin v. Galvin

Illinois Appellate Court
112 Ill. App. 3d 677, 68 Ill. Dec. 370, 445 N.E.2d 1223 (1983)

Facts

Mildred Tobias (plaintiff) petitioned a state trial court to be appointed guardian of the estate and person of Harold Galvin (defendant). Galvin objected to the appointment. Galvin had heart, cerebral, and arthritic conditions and had had two strokes in recent years, leading to hospitalizations, one which lasted two months. During his two-month-long hospitalization, Galvin was disoriented and delusional and was diagnosed with a degenerative brain disorder. Galvin’s heart condition was stabilized with medication; however, the condition was deemed progressive and irreversible. Galvin’s brain disorder was also irreversible; however, it improved during Galvin’s hospitalization. Galvin testified at his guardianship hearing that he lived with two roommates in the basement of a building that he owned and rented to other occupants; his roommates prepared his meals at times, but he could prepare his own meals; he could do his own shopping and laundry with the help of ambulatory devices; and he could manage the little funds he had in his bank account. On cross-examination, some of Galvin’s testimony proved unreliable. However, the trial judge did not find Galvin disabled, believing Galvin understood the things he did although he was eccentric, had some physical disabilities and mental incapacity, and had a peculiar and less desirable lifestyle to some. Tobias sought to prove that Galvin needed guardianship by offering testimony from his roommates about his delusions and their intent to move out; testimony from neighbors about Galvin’s behavior; and her own testimony about how she and her mother cared for Galvin. The judge refused the proof and denied Tobias’s petition. Tobias appealed the trial judge’s decision, arguing that it was against the manifest weight of the evidence and an abuse of discretion.

Rule of Law

Issue

Holding and Reasoning (Goldberg, J.)

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