Illinois Compiled Statutes

755 ILCS 45/2-6 (2026)

Effect of disability-divorce

✓ current as of May 2026
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(755 ILCS 45/2-6) (from Ch. 110 1/2, par. 802-6)
    Sec. 2-6. Effect of disability-divorce.
    (a) All acts of the agent within the scope of the agency during any period of disability, incapacity or incompetency of the principal have the same effect and inure to the benefit of and bind the principal and his or her successors in interest as if the principal were competent and not a person with a disability.
    (b) If a court enters a judgement of dissolution of marriage or legal separation between the principal and his or her spouse after the agency is signed, the spouse shall be deemed to have died at the time of the judgment for all purposes of the agency.
(Source: P.A. 99-143, eff. 7-27-15.)

    
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2017–2022 · leading case: In re Craig H., 2022 IL 126256 (Ill. 2022).
In re Craig H., 2022 IL 126256 (Ill. 2022). “” 755 ILCS 45/2-6(a) (West 2018). Respondent argues that his agent’s decision “translates to a competent decision exercised on [his] behalf.”
In re Est. of Beetler, 2017 IL App (3d) 160248 (Ill. App. Ct. 2017). “” 755 ILCS 45/2-6(a) (West 2016). The statutory scheme makes it clear that this agency is strictly protected from judicial intervention except under a very narrow set of rigid procedural circumstances.”
— 755 ILCS 45/2-6(a) — 2 cases
In re Craig H., 2022 IL 126256 (Ill. 2022). “” 755 ILCS 45/2-6(a) (West 2018). Respondent argues that his agent’s decision “translates to a competent decision exercised on [his] behalf.”
In re Est. of Beetler, 2017 IL App (3d) 160248 (Ill. App. Ct. 2017). “” 755 ILCS 45/2-6(a) (West 2016). The statutory scheme makes it clear that this agency is strictly protected from judicial intervention except under a very narrow set of rigid procedural circumstances.”
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