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IN RE MARRIAGE OF DREWS
179 Ill. App.3d 110 (1989)
534 N.E.2d 411
In re MARRIAGE OF HERBERT J. DREWS, JR., by his Guardian, Lorraine Drews, Petitioner-Appellee, and SUE ANNE CARROTHERS DREWS, Respondent-Appellant.
No. 87-2363.
Appellate Court of Illinois — First District (4th Division).
Opinion filed January 19, 1989.
Schiller, Du Canto & Fleck, Ltd., of Chicago (David B. Yavitz and Sarane C. Siewerth, of counsel), for appellant.
Sandra G. Nye & Associates, of Chicago, for appellee.
Reversed and remanded. JUSTICE McMORROW delivered the opinion of the court: Respondent (Sue Anne) appeals from the trial court's dismissal of
her petition for the reasonable attorney fees she incurred in defending appeals from the trial court's dismissal of a suit brought by the mother and guardian of petitioner (Herbert) to dissolve Herbert's marriage to Sue Anne. (See In re Marriage of Drews (1986), 115 Ill.2d 201, 503 N.E.2d 339, affirming (1985), 139 Ill.App.3d 763, 487 N.E.2d 1005.) The trial court dismissed the fee petition on the ground that section 508 of the Illinois Marriage and Dissolution of Marriage Act (the IMDMA) (Ill. Rev. Stat. 1987, ch. 40, par. 508) does not authorize the award of attorney fees to Sue Anne, because Sue Anne did not set forth a claim upon which fees could be awarded under section 508 of the IMDMA. The trial court held that section 508 does not permit an award of fees from a spouse for whom a guardian has been appointed and on whose behalf a dissolution of marriage petition has been filed by the guardian. We reverse and remand. BACKGROUND Herbert and Sue Anne were married in June 1979. In 1980, Herbert sustained severe injuries that caused him permanent and total mental and physical disability. Thereafter his mother was appointed plenary guardian over his estate and person. In her capacity as plenary guardian, Herbert's mother filed a petition for dissolution of Herbert's marriage to Sue Anne. The trial court dismissed the petition with prejudice. The Illinois Appellate and Supreme courts affirmed, holding that "absent [specific] statutory authorization, a guardian cannot institute an action, on behalf of a ward, for the dissolution of the ward's marriage." In re Marriage of Drews (1986), 115 Ill.2d 201, 205. While the matter was pending before the Illinois Supreme Court, Sue Anne filed a petition for attorney fees incurred in defending the appeals before the appellate and supreme courts, citing, inter alia, section 508 of the IMDMA. Herbert, through his guardian, moved to dismiss the petition for attorney fees. Following briefing and argument, the trial court dismissed the fee petition of Sue Anne with prejudice. She appeals. OPINION
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