Illinois Compiled Statutes
755 ILCS 43/5 (2026)
Definitions
✓ current as of May 2026
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(755 ILCS 43/5)
Sec. 5. Definitions. As used in this Act:
(1) "Adult" shall have the same meaning as provided in Section 10 of the
Health Care Surrogate Act.
(2) "Attending physician" shall have the same meaning as provided in
Section 10 of the Healthcare Surrogate Act.
(3) "Attorney-in-fact" means
an adult validly appointed under this Act to make mental health treatment
decisions for a principal under a declaration for mental health treatment and
also means an alternative attorney-in-fact.
(4) "Declaration" means a document, in hard copy or electronic format, making a declaration of preferences or
instructions regarding mental health treatment.
(5) "Incapable" means that, in the opinion of 2 physicians or the court, a
person's ability to
receive and evaluate information effectively or communicate decisions is
impaired to such an extent that the person currently lacks the capacity to make
mental health treatment decisions.
(6) "Mental health facility" shall have the same meaning as provided in
Section 1-114 of the Mental Health and Developmental Disabilities Code.
(7) "Mental health treatment" means electroconvulsive treatment, treatment
of mental illness with psychotropic medication, and admission to and retention
in a mental health facility for a period not to exceed 17 days for care or
treatment of mental illness.
(8) "Physician" means a physician or psychiatrist as defined in Sections
1-120 and 1-121, respectively, of the Mental Health and Developmental
Disabilities Code.
(9) "Principal" means the person making a declaration for his or her
personal mental health treatment.
(10) "Provider" means any mental health facility or any other person which
is devoted in whole or part to providing mental health services.
(Source: P.A. 101-163, eff. 1-1-20.)
Notes of Decisions
Cited in 2
cases, 2002–2002 · leading case: People v. Mary Ann P., 781 N.E.2d 237 (Ill. 2002).
People v. Mary Ann P., 781 N.E.2d 237 (Ill. 2002). “755 ILCS 43/5(7) (West 2000). The declaration may designate an adult to act as “attorney-in-fact” to make decisions about treatment when the declarant is incapable.”
In re Mary Ann P. (Ill. 2002). “755 ILCS 43/5(7) (West 2000). The declaration may designate an adult to act as “attorney-in-fact” to make decisions about treatment when the declarant is incapable.”
— 755 ILCS 43/5(7) — 2 cases
People v. Mary Ann P., 781 N.E.2d 237 (Ill. 2002). “755 ILCS 43/5(7) (West 2000). The declaration may designate an adult to act as “attorney-in-fact” to make decisions about treatment when the declarant is incapable.”
In re Mary Ann P. (Ill. 2002). “755 ILCS 43/5(7) (West 2000). The declaration may designate an adult to act as “attorney-in-fact” to make decisions about treatment when the declarant is incapable.”
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