In re Denetra P.

State: Illinois

Court: 4th District Appellate

Docket No: 4-07-0372 Rel

Case Date: 05/07/2008

Preview:Filed 5/7/08

NO. 4-07-0372 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT

In re: Denetra P., a Person Found Subject to Authorized Involuntary Treatment, THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellee, v. DENETRA P., Respondent-Appellant.

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Appeal from Circuit Court of Sangamon County No. 07MH228 Honorable George H. Ray, Judge Presiding.

PRESIDING JUSTICE APPLETON delivered the opinion of the court: A psychiatrist at McFarland Mental Health Center, Aura M. Eberhardt, petitioned for authority for the involuntary administration of psychotropic medications to respondent, Denetra P. See 405 ILCS 5/2-107.1 (West 2006). After an evidentiary hearing in which Eberhardt and respondent testified, the trial court granted the petition. We reverse the judgment because the petition lacks any allegation that Eberhardt made a good-faith attempt to determine whether respondent had executed a power of attorney for health care or a declaration for mental-health treatment (405 ILCS 5/2-107.1(a-5)(1) (West 2006)). According to respondent's testimony and her brief, she had executed a power of attorney for health care. I. BACKGROUND Eberhardt testified she was treating respondent for "bipolar affective disorder type I, severe, manic, with psychotic symptoms." Scott Kains, the assistant State's Attorney, asked Eberhardt:

"Q. Does she have a guardian? A. No. [RESPONDENT]: Yes, I do. MR. KAINS: Q. Does she have a power of attorney for health care? [RESPONDENT]: I do. MR. KAINS: Q. Doctor, do you know? A. To my knowledge, no guardian or power of attorney. [RESPONDENT]: Memorial Medical Center [(a hospital in Springfield)] has it. Thank you very much. MR. KAINS: Q. And[,] Doctor, to your knowledge, does she have a declaration for mental[-]health treatment under the Illinois Mental Health Treatment Preference Declaration Act? A. No, she does not. Q. Is there anything in your chart, Doctor, to indicate that she has a guardian or power of attorney? A. No. [RESPONDENT]: I told them--I verbally told them on several occasions. [RESPONDENT'S ATTORNEY]: Hold on a second." On cross-examination, Eberhardt testified: "[Respondent] had a previous hospitalization in[] [January 2006], I believe, and that was in New York, as per the -2-

records that we have." Eberhardt testified, however, that she had no records pertaining to that hospitalization--and, thus, did not know if respondent previously had been administered psychotropic medication

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