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In re Estate of Gebis (Ill. S.Ct.)

Docket No. 85909-Agenda 10-January 1999.

In re ESTATE OF SOFIA GEBIS, a Disabled Person

(Joseph Gebis, Appellant, v. Evelyn Swietek, Appellee).

Opinion filed March 18, 1999.

JUSTICE RATHJE delivered the opinion of the court:

The sole issue presented in this appeal is whether the statutory custodial claim established in section 18-1.1 of the Probate Act of 1975 (755 ILCS 5/18-1.1 (West 1996)) is constitutional. The trial court held that it was not, concluding that section 18-1.1 violated substantive due process, equal protection, and special legislation principles. Appeal from the trial court's judgment lies directly with this court. 134 Ill. 2d R. 302(a). Because the trial court lacked the subject matter jurisdiction to adjudicate a statutory custodial claim, we vacate its judgment.

BACKGROUND

Joseph Gebis and Evelyn Swietek are the son and daughter of Sofia Gebis. In 1994, Joseph and Evelyn filed a petition with the trial court to have Sofia declared a disabled person. The trial court granted the petition and appointed Joseph and Evelyn as coguardians of Sofia's estate.

Sofia died on February 8, 1997. On July 14, 1997, and pursuant to section 18-1.1 of the Probate Act, Joseph filed a verified claim against the guardianship estate seeking $361,320 in compensation for caring for Sofia during the final years of her life. Joseph alleged that, for 11 years prior to Sofia's death, he lived with Sofia and devoted himself to her care. As a result of personally caring for Sofia, Joseph limited his lifestyle choices and opportunities, limited his chiropractic practice and professional engagements, and suffered emotional distress.

Evelyn, individually and as coguardian of Sofia's estate, moved to dismiss Joseph's claim on numerous grounds. Evelyn first attacked the factual basis for Joseph's claim, arguing that, as coguardians of Sofia's estate and person, she and Joseph hired and paid for full-time professional care for Sofia throughout the course of her disability. Evelyn next attacked section 18-1.1's constitutionality, arguing that section 18-1.1 violated both substantive and procedural due process principles (U.S. Const., amend. XIV; Ill. Const. 1970, art. I,