MacKenzie A. HydeMacKenzie Hyde Clark Hill
MacKenzie A. Hyde
MacKenzie A. Hyde is a Member in the Litigation Practice Group of Clark Hill’s Chicago office. MacKenzie concentrates in contested guardianships, estates and trusts, as well as fiduciary litigation and estate administration.
Areas of Practice:
- Guardianships: MacKenzie prosecutes and defends actions involving petitions for guardianship over minors and adults. MacKenzie defends guardians against claims of mismanagement or waste of assets. MacKenzie also litigates matters involving the enforceability of powers of attorney, as well as actions alleging wrongdoing by an agent under power of attorney in connection with guardianship proceedings. MacKenzie is frequently appointed by judges in the Probate Division of the Circuit Court of Cook County to serve as a Guardian Ad Litem in disabled estates as well as counsel for alleged disabled persons.
- Estates, Trusts and Fiduciaries: MacKenzie represents corporate and individual fiduciaries in matters involving claims of undue influence, lack of capacity, fraud and duress. MacKenzie represents banks and other institutional fiduciaries, individual fiduciaries, and trustees and personal representatives, in fraud, negligence and breach of fiduciary duty cases. MacKenzie prosecutes and defends actions to recover assets for trusts and estates, as well as claims directed at fiduciaries for mismanaging or wasting assets. In addition, MacKenzie prosecutes and defends will contests and other post-death estate challenges. MacKenzie is appointed by judges in the Probate Division of the Circuit Court of Cook County to serve as Special Administrator in decedent’s estates.
- In re Estate of Nina L., A Minor, 2016 Ill.App. LEXIS 701 (September 16, 2015) (vacating the trial court’s order and making the necessary findings of fact to allow client, Nina L., an undocumented immigrant, to file for Special Immigrant Juvenile Status, a case of first impression)
- In re Estate of Donald Howell, 2015 Ill.App. LEXIS 466 (June 19, 2015) (reversing to allow client, the Guardian of the Estate, to propose an estate plan that deviates from intestacy for a disabled person who never had testamentary capacity in case of first impression)
- Pontarelli v. Pontarelli, 2015 Ill.App. LEXIS 191 (March 18, 2015) (affirming multiple interlocutory orders in favor of client)
- Since 2013, MacKenzie has been selected the Illinois Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
- In November 2016 MacKenzie was featured in Emerging Lawyers Magazine, a distinction earned by fewer than two percent of lawyers licensed to practice law in Illinois, who are under 40 years old or practicing ten years or less.
- December 2017: MacKenzie co-presented a program entitled “Clinical Boot Camp: Common Psychiatric Diagnoses Facing Our Clients” at the Illinois Institute of Continuing Legal Education’s 13th Annual Elder Law Short Course.
- November 2017: MacKenzie presented a program entitled “The Illinois Power of Attorney Act and Guardianship,” to students earning their Masters degrees at Loyola University Chicago School of Social Work.
- May 2017: MacKenzie co-presented with Clark Hill partner, Ray J. Koenig III, an interactive program entitled “Dealing with Decision-Makers in a Health Care Setting: Identifying Red Flags and Avoiding Pitfalls” to masters degrees students enrolled in the Loyola University Summer Institute on Aging.
- November 2016: MacKenzie presented “Dealing with Behavioral Disorders Exhibited by Clients and Beneficiaries” for the Greater North Shore Estate & Financial Planning Council.
- September 2016: MacKenzie presented on Powers of Attorney and Estate Planning to Forward Chicago, a community group located on the North Side of Chicago.
- June 2015: MacKenzie co-presented with Eric Dorkin of Clark Hill PLC, a program entitled “Powers of Attorney and Guardianship Litigation” at the Illinois Institute of Continuing Legal Education’s seminar, Don’t Let Your POA be DOA: The Latest on Powers of Attorney and Guardianship.
- June 2015: MacKenzie co-presented with Ray J. Koenig III of Clark Hill PLC a program entitled “Drafting POA & Guardianships for Person/Estate/Property” at the Illinois Institute of Continuing Legal Education’s seminar, Don’t Let Your POA be DOA: The Latest on Powers of Attorney and Guardianship.
- May 2015: MacKenzie co-presented with Eric Dorkin of Clark Hill PLC, a program entitled “Dealing with Behavioral Disorders Exhibited by Clients and Beneficiaries” at the Illinois Institute of Continuing Legal Education’s Estate Planning Short Course in Chicago and Champaign, Illinois.
- MacKenzie co-authored with Ray J. Koenig III the update “Claims Against Decedent’s Estate” to the Illinois Institute for Continuing Legal Education’s 2017 publication of Causes of Actions: Probate Action.
- MacKenzie and Ryan Holmes, also of Clark Hill PLC, updated the chapter “Roth Individual Retirement Arrangements” in the 2015 Update to the book Retirement Benefits Issues in Estate Planning published by the Illinois Institute for Continuing Legal Education (IICLE).
- MacKenzie co-authored with Ray J. Koenig III an article in the October 2012 Illinois State Bar Journal titled, “Defending Your Principals: Suing Agents Under the Revised Illinois Power of Attorney Act.”
- MacKenzie co-authored with Ray J. Koenig III an article in the Illinois State Bar Association publication titled, “Be Careful What you Wish For: Analyzing the “Five Wishes” Advanced Directive.” 2009.
Education and Professional Background:
MacKenzie graduated from Loyola University School of Law in where she participated in the Elder Law Clinic. In the clinic MacKenzie represented petitioners and respondents in guardianship proceedings and also served as a Guardian Ad Litem. Prior to law school, MacKenzie taught elementary school in North Lawndale, a neighborhood on Chicago’s west side, through the national teaching program, Teach for America. While teaching, MacKenzie earned a Masters of Arts in Teaching from Dominican University.
Eric Dorkin, MacKenzie Hyde and Ray Koenig obtained a significant victory in the 1st District Appellate Court. In a case of first impression, the Illinois Appellate Court granted Clark Hill’s emergency appeal in favor of Nina L., a minor seeking to apply for Special Immigrant Juvenile Status to stay in the United States following her 18th birthday. The trial court had denied Nina L.’s request for the judicial findings necessary for her to apply to remain in the United States after being abandoned by her natural parents. The trial court held that it was not proper for it to enter findings pursuant to federal statute. The Appellate Court reversed and entered the required findings itself on an emergency basis so that Nina L. could timely file the required documents with the U.S. Citizenship and Immigration Services, as her 18th birthday was just days away.
As reported in the local legal press, “This is a case that really mattered,” said Dorkin, who represented Nina L. “If the case was decided the other way, she was going back to Taiwan with no known family or connections and just a high school degree, and I think that’s a recipe for lifelong disaster.”
Estate of Donald Howell v. Donald Brenard Howell, 2015 IL App (1st) 133247 and 1140810 (cons.)
The Raymond W. Pontarelli Trust, et al. v. Michael Pontarelli, et al., 2015 IL App (1st) 133138
In re Estate of Leonard Koenen, 2014 IL App (1st) 140080-U
In re Guardianship of Florence Pontarelli, 2014 IL App (1st) 122782-U