Barth v. First National Bank

Petitioner Magdalena Barth (Magdalena) appeals the dismissal of her amended section 2 — 1401 petition (Ill. Rev. Stat. 1985, ch. 110, par. 2 — 1401), which sought to (1) vacate an order that appointed respondent First National Bank of Chicago (Bank) as the successor guardian of the estate of her son, Daniel Barth (Daniel), a disabled person; and (2) reinstate petitioner as his plenary guardian. Raised as issues are whether the circuit court: (1) properly considered the applicability of a section 2 — 1401 petition in this case; and (2) erred in dismissing the petition for failure to allege…