Department of Mental Health & Developmental Disabilities v. Phillips

The Department of Mental Health and Developmental Disabilities (Department) filed a petition in the circuit court of Cook County seeking reimbursement from Kevin E. Phillips (respondent) as the trustee of a spendthrift trust established for the benefit of his brother, Steven, a mentally handicapped young man. Following the filing of cross-motions for judgment on the pleadings, the circuit court granted the Department’s motion for summary judgment and denied the motion of the respondent. The court denied also the respondent’s petition for reformation of the trust, which, if allowed, would have…