Poole's Estate, In re
| Citation | 187 N.E.2d 231,26 Ill.2d 443 |
| Decision Date | 30 November 1962 |
| Docket Number | No. 37253,37253 |
| Parties | In the Matter of the ESTATE of Harold POOLE, a minor. Diroshia POOLE, Guardian, Appellant, v. ILLINOIS PUBLIC AID COMMISSION, Appellee. |
| Court | Supreme Court of Illinois |
Arthur S. Gomberg, Chicago (Samuel Nineberg, Chicago, of counsel), for appellant.
William G. Clark, Atty. Gen., Springfield , for appellee.
The question presented here is whether a probate court has jurisdiction to subordinate a lien of the Illinois Public Aid Commission so as to allow the payment of a portion of a personal injury settlement to an injured ward's guardian.
The facts are not in dispute. On September 7, 1957, Harold Poole, then 2 1/2 years of age, sustained personal injuries and thereafter received financial assistance from the Illinois Public Aid Commission in a total amount of $2,680.67. The ward's cause of action arising from such injuries was subsequently settled for the cash sum of $2500, and after payment of costs, medical bills and legal fees a net amount of $1422.32 remained for distribution. Whereas the Public Aid Commission claimed the entire net amount in reimbursement for assistance previously furnished, Diroshia Poole, the child's mother and legal guardian, petitioned the probate court of Cook County to adjudicate the lien of the Illinois Public Aid Commission 'to the sum of $50.00 or such other fair and equitable sum as shall seem reasonable,' and to order the cash balance remaining paid to her for the future personal needs of the ward. The court, however, found it had no jurisdiction to adjudicate the lien and ordered the entire net settlement of $1422.32 paid to the Illinois Public Aid Commission. Since the interest of the State is involved, the guardian has properly prosecuted her appeal directly to this court. Illinois Public Aid Commission v. Massie, 13 Ill.2d 498, 150 N.E.2d 154.
Section 8-19 of the Public Assistance Code of 1949 (Ill.Rev.Stat.1959, chap. 23, par. 819) grants a lien or charge upon all sums received through litigation or voluntary settlement of a personal injury action by a recipient of public assistance for the total amount of assistance provided the recipient from the time of injury to the date of such receipt. The statute also provides that, upon being so petitioned, a court shall 'adjudicate the rights of the...
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