Legal Opinion · Concurrence

In Re Estate of Doyle

Appellate Court of Illinois

Decided November 10, 2005No. 4-04-1026Published

1Concurrence

JUSTICE TURNER,

specially concurring:

I agree with the majority opinion affirming the trial court’s judgment. I write separately for the reasons that follow.

First, the majority’s opinion concludes the question of whether an incompetent individual can revoke a power of attorney need not be decided. I would find that such an individual cannot do so.

“ ‘From the time a person is adjudged to be distracted and incapable of caring for his property and effects, until, if ever, he is adjudged to be restored, he has no more legal power to act for himself than as if he were dead. A contract made, or…

2Cases cited2 opinions

  1. Bradshaw v. LucasAppellate Court of Illinois · 1919
  2. In Re Estate of KutchinsAppellate Court of Illinois · 1988

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