Legal Question in Family Law in Illinois

My daughter is 30 years old and is bipolar. She needs a life-saving heart operation because she has congestive heart failure. She has had several tests and is not pregnant but seems to be of the mindset that the doctors and me are trying to trick her into having an abortion instead of heart surgery. I'm trying to get guardianship now. Is there a way she can be forced to have this surgery against her will?


Asked on 1/12/11, 7:54 pm

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

I doubt it. She's an adult and even if mentally ill, she has a right to determine her own medical care. As part of the guardianship process, you will have to inform the court why you think guardianship is necessary in your daughter's case and the court will appoint a "guardian ad litem" to investigate your claims. Problem is that your daughter will likely object to both the guardianship and the surgery and the process will therefore be lengthy and drawn out with no guarantee of success.

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Answered on 7/21/11, 10:16 am


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