An Illinois appeals court holds that a caretaker who pled guilty to misdemeanor battery against an elderly woman is not barred by the state's elder abuse law from filing a claim against the woman's estate for compensation for her caregiving services. In re Estate of Lewy (Ill. Ct. App., 1stDist., No. 1-17-2552, Sept. 28, 2018).
Lisa Dudley was Alice Lewy's caretaker for seven years. Ms. Dudley claimed that Ms. Lewy promised that she would bequeath Ms. Dudley money when she died. In 2015, Ms. Dudley pled guilty to misdemeanor battery after an altercation with Ms. Lewy and the court ordered Ms. Dudley to stop providing caregiving services. Ms. Lewy died intestate, with her brother as her sole heir.
Ms. Dudley filed a claim against the estate for $1.2 million in quantum meruit compensation for caregiving services she rendered. The estate filed a motion to dismiss, arguing that Ms. Dudley's criminal conviction barred her claim against the estate under the state's elder abuse act. The act provides that a person convicted of abuse cannot receive property on the death of the elder. The probate court granted the motion to dismiss, and Ms. Dudley appealed.
The Illinois Court of Appeals, First District, reverses, holding that the elder abuse law does not bar Ms. Dudley's claim. According to the court, the plain language of the elder abuse law is "triggered by a specific felony conviction or convictions for the mistreatment of an elderly person or person with a disability, not by a misdemeanor battery conviction." The court remands for further proceedings on Ms. Dudley’s claim.
For the full text of this decision, go to: https://www.illinoiscourts.gov/Opinions/AppellateCourt/2018/1stDistrict/1172552.pdf
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