## Facts

- Jan Karbin and Marcia Lovenson Karbin married in 1984; Jan adopted Marcia’s daughter, Kara Hibler, and the couple later had a disabled son.
- In 1997, Marcia suffered severe brain injury in a car accident and became totally disabled, requiring full-time care.
- Jan served for years as plenary guardian of Marcia’s person and estate and arranged financial resources for her lifetime care.
- In 2004, due to Jan’s worsening Parkinson’s disease, guardianship was transferred to Kara; a probate-approved settlement addressed distribution of certain marital assets, and Marcia moved to Ohio with Kara.
- In 2007, after a lengthy separation, Jan filed for dissolution in Cook County alleging irreconcilable differences; Marcia, through Kara as guardian, filed a verified counterpetition on similar grounds.
- After discovery disputes, Jan voluntarily dismissed his petition; the trial court realigned the case with Marcia as petitioner.
- Jan moved to dismiss Marcia’s dissolution petition, arguing a plenary guardian lacked authority to initiate divorce for a ward.

## Issues

1. Whether Illinois law permits a plenary guardian to initiate dissolution of marriage proceedings on behalf of an adult ward.
2. Whether prior precedent barring guardian-initiated dissolution should be overruled.
3. If permitted, what judicial safeguards and evidentiary standard govern a guardian’s request to pursue dissolution for a ward.

## Decision

- The Illinois Supreme Court reversed the appellate and circuit courts and remanded.
- The court overruled prior precedent to the extent it categorically barred guardian-initiated dissolution actions.
- The court held a plenary guardian may seek permission from the trial court to file a dissolution petition on behalf of the ward.
- On remand, the guardian was required to prove by clear and convincing evidence that dissolution is in the ward’s best interests.

## Legal Principles

- A plenary guardian may, with leave of court, initiate dissolution of marriage proceedings on behalf of an adult ward.
- The guardian must establish by clear and convincing evidence that dissolution serves the ward’s best interests.
- Judicial preauthorization and a heightened evidentiary standard are required safeguards against misuse of a ward’s marital status for a guardian’s self-interest.
- Changes in divorce law (including no-fault dissolution) and modern guardianship policy permit objective evaluation of marital breakdown and support best-interests decision-making for incapacitated adults.
- Guardianship and dissolution statutes should be read together to effect protective purposes; absent an express statutory bar, courts may authorize dissolution when consistent with the ward’s best interests.

## Conclusion

Illinois permits a guardian, under court supervision, to pursue dissolution for an incapacitated adult spouse, provided the guardian first obtains leave to file and proves by clear and convincing evidence that ending the marriage is in the ward’s best interests; contrary precedent was overruled and the case was remanded for that determination.


Karbin v. Karbin ex rel. Hibler, 977 N.E.2d 154 (Ill. 2012)