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Karbin v. Karbin ex rel. Hibler

977 N.E.2d 154 (2012)

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Karbin v. Karbin ex rel. Hibler

Illinois Supreme Court
977 N.E.2d 154 (2012)

Facts

When Jan Karbin (plaintiff) and Marcia Karbin (defendant) married, Jan adopted Marcia’s daughter, Kara Hibler (defendant). In 1997, Marcia was in a car accident and sustained brain damage that rendered her completely disabled. Jan was appointed Marcia’s plenary guardian and provided Marcia’s full-time care in their Illinois home until 2004, when his worsening Parkinson’s disease precluded him from full-time caregiving. He transferred the plenary guardianship to Kara, and Marcia moved to Kara’s home in Ohio. Three years later, Jan petitioned for divorce. Kara, on Marcia’s behalf, filed a counterpetition also seeking divorce. Jan subsequently moved to voluntarily dismiss his divorce petition, arguing that he never wanted to divorce Marcia and filed the petition only at Kara’s behest. The trial court granted Jan’s motion. Jan then moved to dismiss Marcia’s counterpetition for divorce, arguing that under Illinois precedent, plenary guardians like Kara lacked authority to pursue the dissolution of a ward’s marriage. The trial court agreed, dismissing the counterpetition. The appellate court affirmed. Kara appealed, arguing that Jan wished to sustain the marriage for financial reasons and Kara should be allowed to pursue dissolution because it was in Marcia’s best interests.

Rule of Law

Issue

Holding and Reasoning (Freeman, J.)

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