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In re Schmidt

699 N.E.2d 1123 (1998)

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In re Schmidt

Illinois Appellate Court
699 N.E.2d 1123 (1998)

Facts

Cindy Schmidt suffered severe head trauma as a result of an automobile accident. Thomas Schmidt (plaintiff) filed an action seeking appointment as Cindy’s guardian ad litem. Cindy’s brother William filed to be appointed the guardian. William subsequently filed to substitute Sheryl Stack, Cindy’s sister, as the guardian ad litem. After an evidentiary hearing, the trial court found Thomas was qualified to be Cindy’s guardian as a disabled person and denied William’s petition to appoint Sheryl as Cindy’s guardian. The court also ordered Thomas to notify Cindy’s family members of any actions under the Illinois Health Care Surrogate Act, which permits the guardian to withdraw life-sustaining treatment. William appealed the court’s decision.

Rule of Law

Issue

Holding and Reasoning (Rathje, J.)

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