(Download) "Dep't of Mental Health v. Phillips" by Supreme Court of Illinois * eBook PDF Kindle ePub Free
eBook details
- Title: Dep't of Mental Health v. Phillips
- Author : Supreme Court of Illinois
- Release Date : January 17, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
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 explicitly created a fund for Steven's maintenance and care supplemental to the care provided at State expense. The appellate court reversed, holding that reformation of the trust was warranted because the occurrence of an unforeseen contingency had operated to frustrate the intent of the settlor. (133 Ill. App.3d 337.) We granted the Department's petition for leave to appeal under our Rule 315 (94 Ill.2d R. 315(a)). Steven Phillips, who is now 31 years of age, has required institutional care throughout his life. Since November 1976 he has resided at the Waukegan Developmental Center, where all his educational, medical and general welfare needs have been provided by the Department. As of June 1, 1983, the total expenditure by the Department for Steven's support was $73,474.40, and these expenditures continue at a rate of $948 per month.