In re Estate of Beetler
2017 IL App (3d) 160248
| Ill. App. Ct. | 2017Background
- In August 2013, Deborah Beetler executed an Illinois statutory short-form power of attorney for health care naming her husband, David Beetler, as her agent; it was durable and not limited by time.
- In October 2013 a guardian petition alleged Deborah (suffering dementia) was neglected/abused; Deborah was removed to a residential facility and a temporary guardian order stated the temporary guardian’s authority "shall supersede all agencies" executed under the Power of Attorney Act.
- After an evidentiary hearing in April 2014, the trial court appointed Deborah’s daughter, Tricia Bledsoe, as plenary guardian of Deborah’s person and estate; the written order did not expressly revoke Deborah’s 2013 health-care power of attorney.
- Letters of guardianship later issued by the clerk included broad medical-consent language, but those letters were not signed by a judge and contained terms beyond the April 22, 2014 court order.
- In 2016 David, invoking his 2013 power of attorney, sought court permission to have Deborah’s denture relined; Bledsoe (guardian) opposed, citing hospice status and choking risk. The trial court denied David’s request and ruled the 2014 guardianship superseded the power of attorney.
- David appealed, arguing the durable power of attorney survived the guardianship absent an explicit court order under the Power of Attorney Act to revoke or transfer the agency to the guardian.
Issues
| Issue | Plaintiff's Argument (David) | Defendant's Argument (Bledsoe) | Held |
|---|---|---|---|
| Whether a plenary guardianship appointment automatically terminates a preexisting durable power of attorney for health care | David: The 2013 durable power of attorney survives disability and guardianship under the Power of Attorney Act unless the court, under section 2‑10, explicitly revokes or transfers the agency. | Bledsoe: The 2014 plenary guardianship implicitly revoked David’s authority; the guardian’s letters and appointment supersede the power of attorney. | The court held the plenary guardianship did not automatically revoke the durable power of attorney; absent an explicit court order under the Power of Attorney Act, the agent’s authority survives. |
| Whether the clerk‑issued letters of guardianship can revoke the power of attorney | David: Clerk’s letters cannot expand or modify the judge’s written order and cannot implicitly revoke the durable power of attorney. | Bledsoe: The letters contain express medical-consent language and therefore revoke/supersede David’s authority. | The court held the letters, which contained language beyond the signed court order and were unsigned by a judge, do not effect an implicit judicial revocation of the power of attorney. |
| Whether the trial court correctly denied the denture reline as a health‑care decision within the agent’s authority | David: The denture reline is a medical/dental decision within the scope of his authority as health‑care agent. | Bledsoe: The procedure is not in Deborah’s best interest given hospice status and choking risk; guardian may decide. | The court reversed the denial, concluding the decision falls within the unrevoked power of attorney and remanded for proceedings consistent with that holding. |
| Whether Doyle v. Estate of Doyle controls (implicit revocation) | David: Doyle is unpersuasive and wrongly allows implicit revocation contrary to statutory scheme and public policy favoring durable POAs. | Bledsoe: Reliance on Doyle supports finding an implicit revocation where the court conducted a guardianship hearing and parties had notice. | The court declined to follow Doyle, adopting the reasoning that durable powers of attorney should not be implicitly revoked by guardianship appointments absent statutory procedures. |
Key Cases Cited
- In re Estate of Wilson, 238 Ill. 2d 519 (discusses statutory construction and referenced Doyle in footnote)
- In re Estate of Doyle, 362 Ill. App. 3d 293 (Fourth Dist.) (addressed implicit revocation of durable power of attorney by guardianship; declined to be followed here)