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DEP'T OF MENTAL HEALTH & DEV. DISABILITIES v. PHILLIPS

No. 84-1641.

133 Ill. App.3d 337 (1985)

478 N.E.2d 1052

THE DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES, Petitioner-Appellee, v. KEVIN E. PHILLIPS, Trustee, et al., Respondents-Appellants.

Appellate Court of Illinois — First District (1st Division).

Opinion filed May 7, 1985.

Attorney(s) appearing for the Case

Lee Ann Watson and David K. Schmitt, both of Katten, Muchin, Zavis, Pearl & Galler, of Chicago, for appellants.

Neil F. Hartigan, Attorney General, of Springfield (Jill Wine-Banks, Solicitor General, and Kathryn A. Spalding, Assistant Attorney General, of Chicago, of counsel), for appellee.

Reversed and remanded.

JUSTICE BUCKLEY delivered the opinion of the court:

This appeal arises out of an action brought by the Illinois Department of Mental Health and Developmental Disabilities (the Department) against the trustee of a discretionary spendthrift trust. The Department sought reimbursement for the cost of services provided to the trust's beneficiary, a mentally handicapped young adult residing at the Waukegan Developmental Center. On cross-motions...

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