ILCS » Chapter 5 · Act 70
Illinois Compiled Statutes

5 ILCS 70/1.06 (2026)

"Person under legal disability" means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his or her person or estate, or (b) is a person with mental illness or is a person with developmental disabilities and who because of his or her mental illness or developmental disability is not fully able to manage his or her person or estate, or (c) because of gambling, idleness, debauchery or excessive use of intoxicants or drugs, so spends or wastes his or her estate as to expose himself or herself or his or her family to want or suffering

✓ current as of May 2026
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(5 ILCS 70/1.06) (from Ch. 1, par. 1007)
    Sec. 1.06. "Person under legal disability" means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his or her person or estate, or (b) is a person with mental illness or is a person with developmental disabilities and who because of his or her mental illness or developmental disability is not fully able to manage his or her person or estate, or (c) because of gambling, idleness, debauchery or excessive use of intoxicants or drugs, so spends or wastes his or her estate as to expose himself or herself or his or her family to want or suffering.
(Source: P.A. 88-380.)

    
Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1997–2026 · leading case: Parks v. Kownacki, 737 N.E.2d 287 (Ill. 2000).
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Parks v. Kownacki, 737 N.E.2d 287 (Ill. 2000). · cites it 2× “She argues that this condition is a legal disability sufficient to toll the statute of limitations under section 13-211 of the Code (735 ILCS 5/13-211 (West 1998)). When a potential plaintiff has a legal disability, the statute of limitations is tolled until the plaintiff is no…”
BRUSO BY BRUSO v. Alexian Bros. Hosp., 687 N.E.2d 1014 (Ill. 1997). · cites it 2× “” 5 ILCS 70/1.06 (West 1994). Defendants contend that this definition must be used to define "under a legal disability” for purposes of section 13 — 212(c).”
Bloom v. Braun, 739 N.E.2d 925 (Ill. App. Ct. 2000). · cites it 3× “She urges this court to follow the definition of legal disability utilized in the Statute on Statutes (Statute) (5 ILCS 70/1.06 (West 1998)). Section 1.06 of the Statute defines a “person under a legal disability” as “a person 18 years or older who (a) because of mental…”
SD BY DD v. Kishwaukee Cmty. Hosp., 681 N.E.2d 140 (Ill. App. Ct. 1997). · cites it 3× “06 of the Statute on Statutes (5 ILCS 70/1.06 (West 1994)) defined a "[pjerson under legal disability” in a way that expressly excluded minors.”
State Farm Mut. Auto. Ins. Co. v. Plough, 2017 IL App (2d) 160307 (Ill. App. Ct. 2017). “Plough’s representative then filed a motion in limine under the Dead-Man’s Act to declare Rodriguez incompetent to testify about the accident and to declare Frieling incompetent to testify about Plough’s statements after the accident.”
State Farm Mut. Auto. Ins. Co. v. Plough, 2017 IL App (2d) 160307 (Ill. App. Ct. 2017). “See 5 ILCS 70/1.06 (West 2014); 735 ILCS 5/2-1008(c) (West 2014).”
Brucker v. Mercola, 845 N.E.2d 764 (Ill. App. Ct. 2006). “5 ILCS 70/1.06 (West 2002). A person need not be adjudicated disabled to have a legal disability, but he must have some argument that his disability is one contemplated by the legislature.”
S.D. v. Kishwaukee Cmty. Hosp. (Ill. App. Ct. 1997). · cites it 3× “06 of the Statute on Statutes (5 ILCS 70/1.06 (West 1994)) defined a "[p]erson under legal disability" in a way that expressly excluded minors.”
Bloom v. Braun Nunc Pro Tunc to Sep. 20, 2000 (Ill. App. Ct. 2000). · cites it 3× “She urges this court to follow the definition of legal disability utilized in the Statute on Statutes (Statute) (5 ILCS 70/1.06 (West 1998)). Section 1.06 of the Statute defines a "person under a legal disability" as "a person 18 years or older who (a) because of mental…”
Maria Rosas v. Advocate Health & Hospitals (7th Cir. 2020). “First, she contends that, because of her mental illness, she could not “manage … her estate” (the standard for disability under Illinois’s guardianship statute, 5 ILCS 70/1.06), and she did not know that she could sue until 2018.”
Maria Rosas v. Advocate Health & Hospitals (7th Cir. 2020). “First, she contends that, because of her mental illness, she could not “manage … her estate” (the standard for disability under Illinois’s guardianship statute, 5 ILCS 70/1.06), and she did not know that she could sue until 2018.”
In re K.S., 2025 IL App (4th) 241491-U (Ill. App. Ct. 2025). “See 5 ILCS 70/1.06 (West 2022). ¶ 93 “Duress includes oppression, undue influence, or taking undue advantage of the stress of another to the point where another is deprived of the exercise of free will.”
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5 ILCS 70/1.06(a): 2 cases
SD BY DD v. Kishwaukee Cmty. Hosp., 681 N.E.2d 140 (Ill. App. Ct. 1997). “06 of the Statute on Statutes (5 ILCS 70/1.06 (West 1994)) defined a "[pjerson under legal disability” in a way that expressly excluded minors.”
S.D. v. Kishwaukee Cmty. Hosp. (Ill. App. Ct. 1997). “06 of the Statute on Statutes (5 ILCS 70/1.06 (West 1994)) defined a "[p]erson under legal disability" in a way that expressly excluded minors.”
5 ILCS 70/1.06(c): 4 cases
BRUSO BY BRUSO v. Alexian Bros. Hosp., 687 N.E.2d 1014 (Ill. 1997). “” 5 ILCS 70/1.06 (West 1994). Defendants contend that this definition must be used to define "under a legal disability” for purposes of section 13 — 212(c).”
Bloom v. Braun, 739 N.E.2d 925 (Ill. App. Ct. 2000). “She urges this court to follow the definition of legal disability utilized in the Statute on Statutes (Statute) (5 ILCS 70/1.06 (West 1998)). Section 1.06 of the Statute defines a “person under a legal disability” as “a person 18 years or older who (a) because of mental…”
Bruso v. Alexian Bros. Hosp. (Ill. 1997).
Bloom v. Braun Nunc Pro Tunc to Sep. 20, 2000 (Ill. App. Ct. 2000). “She urges this court to follow the definition of legal disability utilized in the Statute on Statutes (Statute) (5 ILCS 70/1.06 (West 1998)). Section 1.06 of the Statute defines a "person under a legal disability" as "a person 18 years or older who (a) because of mental…”
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