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755 ILCS 5/11a-1

"Developmental disability", "intellectual disability", and "related condition" defined

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(755 ILCS 5/11a-1) (from Ch. 110 1/2, par. 11a-1)
    Sec. 11a-1. "Developmental disability", "intellectual disability", and "related condition" defined.
    "Developmental disability" means "developmental disability" as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code.
    "Intellectual disability" means "intellectual disability" as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code.
    "Related condition" means a condition that:
        (1) is attributable to cerebral palsy, epilepsy, or
    
any other condition, other than mental illness, found to be closely related to an intellectual disability because that condition results in impairment of general intellectual functioning or adaptive behavior similar to that of individuals with an intellectual disability, and requires treatment or services similar to those required for those individuals. For purposes of this Act, autism is considered a related condition;
        (2) is manifested before the individual reaches age
    
22;
        (3) is likely to continue indefinitely; and
        (4) results in substantial functional limitation in 3
    
or more of the following areas of major life activity: self-care, language, learning, mobility, self-direction, and capacity for independent living.
(Source: P.A. 102-72, eff. 1-1-22; 102-109, eff. 1-1-22; 102-972, eff. 1-1-23.)

    
Notes of Decisions
Cited in 24 cases (4 in the last 5 years), 1995–2024 · leading case: In Re Estate of Wilson
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In Re Estate of Wilson (2010) ill “The case was brought as a guardianship proceeding under article XIa of the Probate Act of 1975 (755 ILCS 5/11a-1 et seq. (West 2006)). The court's role in guardianship proceedings differs from its customary function in civil and criminal proceedings.”
In Re Estate of Doyle (2005) illappct “Doyle was a disabled person as defined in Article XIa of the Probate Act of 1975 (755 ILCS 5/11a-1 through 11a-23 (West 2004)) and incapable of managing her own estate and person.”
In Re Guardianship of Mabry (1996) illappct “The philosophy underlying article XIa of the Probate Act (Guardians for Disabled Adults) (Disabled Adults Act) (755 ILCS 5/11a-1 through 5/11a-22 (West 1994) (amended by Pub.”
In Re RLS (2006) ill “(West 2004)), which deals with guardianship of minors, nor article XIa (755 ILCS 5/11a-1 et seq. (West 2004)), which deals with guardianship of disabled adults, is triggered automatically by the death of a person.”
In re Estate of McDonald (2022) ill “Legal Capacity to Marry— Necessity of a Best Interest Hearing ¶ 60 In his first issue, Shawn argues that the appellate court erred when it rejected the trial court’s finding that, pursuant to section 11a-17(a-10) of the Probate Act (755 ILCS 5/11a-1(a-10) (West 2016)), John, as…”
Struck v. Cook County Public Guardian (2008) illappct “As previously discussed, Article 11a of the Probate Act provided James with a means to challenge the original guardianship order and to seek revocation or modification of that order. However, Article 11a does not contain any provision providing that relatives can request…”
Kresse v. Union Planters Bank, NA (2001) illappct “She maintains that the trial court previously made her guardian of Bernadine's person (755 ILCS 5/11a-17 (West 1992)) in conformance with the Probate Act (755 ILCS 5/11a-1 *878 through 11a-23 (West 1992)).”
In Re Estate of Austwick (1995) illappct “(now 755 ILCS 5/11a-1 et seq. (West 1992))) and appointed the Public Guardian as plenary guardian of Mrs.”
In Re Marriage of Burgess (1998) illappct “According to that dissent, a marital dissolution action is not too personal to fall within the guardian statute (755 ILCS 5/11a-1 et seq. (West 1996)). The purpose of a plenary guardianship is to preserve the disabled adult's best interests and to protect him or her from…”
In re Estate of Kusmanoff (2017) illappct “Irregularities in the Procedures Employed Throughout the Proceedings ¶ 77 At the outset of our review of the circuit court’s order appointing Carol as plenary guardian of MaryLou’s person and estate, we are compelled to comment on the extensive deviation from the procedures set…”
In Re KC (2001) illappct “Justice COHEN delivered the opinion of the court: Article XI-A of the Probate Act of 1975 (755 ILCS 5/11a-1 et seq. (West 1998)) (Probate Act) empowers the courts of this state to appoint plenary guardians of the person for adults who lack the ability to care for themselves and…”
In re Estate of Kusmanoff (2017) illappct “Irregularities in the Procedures Employed Throughout the Proceedings ¶ 77 At the outset of our review of the circuit court’s order appointing Carol as plenary guardian of MaryLou’s person and estate, we are compelled to comment on the extensive deviation from the procedures set…”
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