ILCS » Chapter 755 · Act 5
Illinois Compiled Statutes

755 ILCS 5/11a-2 (2026)

"Person with a disability" defined

✓ current as of May 2026
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(755 ILCS 5/11a-2) (from Ch. 110 1/2, par. 11a-2)
    Sec. 11a-2. "Person with a disability" defined. "Person with a disability" means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his person or estate, or (b) is a person with mental illness or a person with a developmental disability and who because of his mental illness or developmental disability is not fully able to manage his person or estate, or (c) because of gambling, idleness, debauchery, or excessive use of intoxicants or drugs, so spends or wastes his estate as to expose himself or his family to want or suffering, or (d) is diagnosed with fetal alcohol syndrome or fetal alcohol effects.
(Source: P.A. 102-813, eff. 5-13-22.)

    
Notes of Decisions
Cited in 30 cases (7 in the last 5 years), 1994–2025 · leading case: In Re Ce, 641 N.E.2d 345 (Ill. 1994).
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In Re Ce, 641 N.E.2d 345 (Ill. 1994). · cites it 2× “See 755 ILCS 5/11a-2, 11a-3, 11a-10 (West 1992) (requirements for appointment of guardian, attorney for ward, and guardian ad litem).”
In re Est. of Kusmanoff, 2017 IL App (5th) 160129 (Ill. App. Ct. 2017). · cites it 6× “The first petition requested that MaryLou, born December 31, 1931, be adjudged a disabled adult pursuant to section 11a-2 of the Probate Act (755 ILCS 5/11a-2 (West 2014)) and that Carol be appointed a temporary guardian of her person and estate pursuant to section 11a-4 of the…”
Burgauer v. Burgauer, 2019 IL App (3d) 170545 (Ill. App. Ct. 2019). · cites it 2× “¶ 94 Here, it is abundantly clear, based on the allegations in plaintiff's complaint, that plaintiff is seeking a declaration that Margaret is a "disabled person" under the Probate Act of 1975 (Act) ( 755 ILCS 5/11a-2 ) (West 2016).”
In re Est. of Kusmanoff, 2017 IL App (5th) 160129 (Ill. App. Ct. 2017). · cites it 6× “Clair County, which adjudged MaryLou to be a disabled adult pursuant to section 11a-2 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/11a-2 (West 2014)) and appointed MaryLou’s daughter, Carol Easterley, as guardian over her person 1 We note that MaryLou’s guardianship case…”
Karbin v. Karbin, 2012 IL 112815 (Ill. 2012). “” 755 ILCS 5/11a-2 (West 2008). A court may find that a person is “disabled” if such disability has been established by clear and convincing evidence.”
In Re Marriage of Burgess, 707 N.E.2d 125 (Ill. App. Ct. 1998). · cites it 2× “A guardian of the person is appointed when a disability, as defined in section 11a-2, causes an individual to "lack[] sufficient understanding or capacity to make or communicate responsible decisions concerning the care of his person.”
In re Est. of Hanley, 2013 IL App (3d) 110264 (Ill. App. Ct. 2013). “” 755 ILCS 5/11a-2 (West 2010). ¶ 49 The record in the instant case reveals a plethora of evidence supporting the trial court’s dismissal of James’s petition for guardianship.”
Sanders v. Oakbrook Healthcare Centre, Ltd., 2022 IL App (1st) 221347 (Ill. App. Ct. 2022). “¶ 12 Defendants argued that plaintiff has never been adjudicated a person with a disability under the Probate Act of 1975 (Probate Act) (755 ILCS 5/11a-2 (West 2018)), nor is a petition for such an adjudication pending, and that in the absence thereof, she is presumed to have…”
Williams v. Est. of Cole, 914 N.E.2d 234 (Ill. App. Ct. 2009). “" 755 ILCS 5/11a-2 (West 2008). In dismissing the petition, the trial court struck the affidavit of Dr.”
In Re Est. of JM, 678 N.E.2d 15 (Ill. App. Ct. 1997). “Legal Advocacy Service (LAS) filed the petition against the lawyers who represented the father of a person alleged to be disabled under section 11a-2 of the Probate Act of 1975 (755 ILCS 5/11a-2 (West 1994)). We affirm.”
In Re Est. of Austwick, 656 N.E.2d 773 (Ill. App. Ct. 1995). “11a-2 (now 755 ILCS 5/11a-2 (West 1992)).) Dr. Fox concluded because Mrs.”
In re Est. of Gerulis, 2020 IL App (3d) 180734 (Ill. App. Ct. 2021). “¶ 13 The parties assert that in the five years leading to his death, Eugenius was a physically disabled person as defined by section 11a-2 of the Probate Act of 1975 (755 ILCS 5/11a-2 (West 2008)). He made use of incontinence underwear and eventually required assistance changing…”
Show all 30 citing cases →
— 755 ILCS 5/11a-2(a) — 8 cases
In re Est. of Kusmanoff, 2017 IL App (5th) 160129 (Ill. App. Ct. 2017). “The first petition requested that MaryLou, born December 31, 1931, be adjudged a disabled adult pursuant to section 11a-2 of the Probate Act (755 ILCS 5/11a-2 (West 2014)) and that Carol be appointed a temporary guardian of her person and estate pursuant to section 11a-4 of the…”
In re Est. of Kusmanoff, 2017 IL App (5th) 160129 (Ill. App. Ct. 2017). “Clair County, which adjudged MaryLou to be a disabled adult pursuant to section 11a-2 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/11a-2 (West 2014)) and appointed MaryLou’s daughter, Carol Easterley, as guardian over her person 1 We note that MaryLou’s guardianship case…”
In Re Est. of Fallos, 898 N.E.2d 793 (Ill. App. Ct. 2008).
In re Est. of Kirk, 2017 IL App (4th) 160416 (Ill. App. Ct. 2017).
In re Est. of Barabasz, 2023 IL App (1st) 221260-U (Ill. App. Ct. 2023).
— 755 ILCS 5/11a-2(c) — 2 cases
In re Rocker, 2017 IL App (4th) 170133 (Ill. App. Ct. 2018).
Rocker v. First Fin. Bank (In Re Rocker), 2017 IL App (4th) 170133 (Ill. App. Ct. 2017).
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