755 ILCS 5/11a-2

"Person with a disability" defined

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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
In Re CE (1994) ill · 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 Estate of Kusmanoff (2017) illappct · 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) illappct · 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). However, plaintiff is disguising his claim as…”
In re Estate of Kusmanoff (2017) illappct · 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) ill “” 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 (1998) illappct · cites it 2× “" 755 ILCS 5/11a-2, 5/11a-3 (West 1996). A guardian of the estate is appointed when, due to a disability as defined in section 11a-2, the individual "is unable to *127 manage his estate or financial affairs.”
In re Estate of Hanley (2013) illappct “” 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) illappct “¶ 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. Estate of Cole (2009) illappct “" 755 ILCS 5/11a-2 (West 2008). In dismissing the petition, the trial court struck the affidavit of Dr.”
In Re Estate of JM (1997) illappct “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 Estate of Austwick (1995) illappct “11a-2 (now 755 ILCS 5/11a-2 (West 1992)).) Dr. Fox concluded because Mrs.”
In re Estate of Gerulis (2021) illappct “¶ 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…”
— 755 ILCS 5/11a-2(a) — 8 cases
In re Estate of Kusmanoff (2017) illappct “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 Estate of Kusmanoff (2017) illappct “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 Estate of Fallos (2008) illappct
In re Estate of Kirk (2017) illappct
In re Estate of Barabasz (2023) illappct
— 755 ILCS 5/11a-2(c) — 2 cases
In re Rocker (2018) illappct
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