Illinois Compiled Statutes
405 ILCS 5/2-101 (2026)
No recipient of services shall be presumed to be a person under a legal disability, nor shall such person be held to be a person under a legal disability except as determined by a court
✓ current as of May 2026
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(405 ILCS 5/2-101)
(from Ch. 91 1/2, par. 2-101)
Sec. 2-101.
No recipient of services shall be presumed to be a person under a legal disability,
nor shall such person be held to be a person under a legal disability except as determined by a
court. Such determination shall be separate from a judicial proceeding held
to determine whether a person is subject to involuntary admission or meets
the standard for judicial admission.
(Source: P.A. 99-143, eff. 7-27-15.)
Notes of Decisions
Cited in 3
cases, 2015–2016 · leading case: In re Debra B., 2016 IL App (5th) 130573 (Ill. App. Ct. 2016).
In re Debra B., 2016 IL App (5th) 130573 (Ill. App. Ct. 2016). “3d 965, 974 (2009) (citing 405 ILCS 5/2-101 (West 2006)). If the respondent has the capacity to make decisions regarding her care, she has the right to refuse to be medicated even if the medication is "clearly in that individual's best interests.”
In re Kurtis C., 2015 IL App (3d) 130605 (Ill. App. Ct. 2015). “” 405 ILCS 5/2-101 (West 2012). “Underlying this presumption is the distinction between mental illness and the specific decisional capacity to exercise or waive legal rights.”
In re Kurtis C., 2015 IL App (3d) 130605 (Ill. App. Ct. 2015). “” 405 ILCS 5/2-101 (West 2012). “Underlying this presumption is the distinction between mental illness and the specific decisional capacity to exercise or waive legal rights.”
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