The supreme court empowers guardians to file for divorce on behalf of wards
Late last year, the Illinois Supreme Court ruled in Karbin v. Karbin that a guardian can initiate a divorce case on behalf of a ward, overturning 26-year-old precedent in the process. "It was absurd that a guardian had standing to petition the court to withdraw life support from a ward but could not seek to dissolve a marriage because that decision was too personal to the incompetent ward," Margaret Benson wrote in the latest ISBA Elder Law newsletter. Benson, who is executive director of Chicago Volunteer Legal Services Foundation, discusses the case and its significance. Read her analysis.