In re Denetra P.

              Filed 5/7/08 NO. 4-07-0372
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
In re: Denetra P., a Person Found Subject to
Authorized Involuntary Treatment,
THE PEOPLE OF THE STATE OF ILLINOIS,
Petitioner-Appellee,
v.
DENETRA P.,
Respondent-Appellant.
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Appeal from
Circuit Court of
Sangamon County
No. 07MH228
Honorable
George H. Ray,
Judge Presiding.
PRESIDING JUSTICE APPLETON delivered the opinion of the court:
A psychiatrist at McFarland Mental Health Center, Aura M. Eberhardt,
petitioned for authority for the involuntary administration of psychotropic medications
to respondent, Denetra P. See 405 ILCS 5/2-107.1 (West 2006). After an evidentiary
hearing in which Eberhardt and respondent testified, the trial court granted the petition.
We reverse the judgment because the petition lacks any allegation that Eberhardt made
a good-faith attempt to determine whether respondent had executed a power of attorney
for health care or a declaration for mental-health treatment (405 ILCS 5/2-107.1(a-5)(1)
(West 2006)). According to respondent's testimony and her brief, she had executed a
power of attorney for health care.
I. BACKGROUND
Eberhardt testified she was treating respondent for "bipolar affective
disorder type I, severe, manic, with psychotic symptoms." Scott Kains, the assistant
State's Attorney, asked Eberhardt: