755 ILCS 5/11a-3
Adjudication of disability; Power to appoint guardian
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(755 ILCS 5/11a-3)
(from Ch. 110 1/2, par. 11a-3)
Sec. 11a-3. Adjudication of disability; Power to appoint guardian.
(a) Upon the filing of a petition by a reputable person or by the alleged
person with a disability himself or on its own motion, the court may adjudge a person
to be a person with a disability, but only if it has been demonstrated by clear and
convincing evidence that the person is a person with a disability as defined in Section
11a-2. If the court adjudges a person to be a person with a disability, the court may appoint (1) a guardian of his person, if it has been demonstrated
by clear and convincing evidence that because of his disability he lacks
sufficient understanding or capacity
to make or communicate responsible decisions concerning the care of his
person, or (2) a guardian of his estate, if it has been demonstrated by clear
and convincing evidence that because of his disability he
is unable to manage his estate
or financial affairs, or (3) a guardian of his person and of his estate. The court may appoint co-guardians in accordance with Section 11a-15.
(b) Guardianship shall be utilized only as is necessary to promote
the well-being of the person with a disability, to protect him from neglect,
exploitation, or abuse, and to encourage development of his maximum
self-reliance and independence. Guardianship shall be ordered only to
the extent necessitated by the individual's actual mental, physical and
adaptive limitations. The order shall conform with Sections 11a-12 and 11a-14.
(Source: P.A. 102-72, eff. 1-1-22.)
Notes of Decisions
Cited in 56
cases (13 in the last 5 years), 1994–2025 · leading case: In Re CE
In Re CE (1994)
“(755 ILCS 5/11a-3(a) (West 1992).) In order to be in need of the appointment of a guardian, it must be shown that the ward is a "disabled person," which is defined as follows: "`Disabled person' means a person * * * who (a) because of mental deterioration or physical incapacity…”
In Re Guardianship of Mabry (1996)
“" 755 ILCS 5/11a-3(a)(1) (West 1994). The personal guardian's duties are to "procure" and "make provision for" the "support, care, comfort, health, education and maintenance, and professional services as are appropriate" for the ward and his or her minor and adult dependent…”
Karbin v. Karbin (2012)
“755 ILCS 5/11a-3(a) (West 2008). ¶ 21 Once a disability is found, the court has different options available under the Act.”
In re Estate of Kusmanoff (2017)
“3 755 ILCS 5/11a-3 (West 2014). ¶5 On April 24, 2015, Carol filed a chancery case, which was later consolidated with the instant probate case, in which she requested, as temporary guardian over MaryLou’s estate, a temporary restraining order enjoining the release of any of…”
Struck v. Cook County Public Guardian (2008)
“Act states that the circuit court may adjudge an individual a disabled person "[u]pon the filing of a petition by a reputable person" (755 ILCS 5/11a-3(a) (West 2006)); that the petition must state the names and post office addresses of the allegedly disabled person's nearest…”
In re Estate of McDonald (2021)
“” On May 30, 2017, the trial court entered an order declaring decedent a disabled person who “is totally without capacity” as specified in section 11a-3 of the Probate Act (755 ILCS 5/11a-3 (West 2016)) and appointing Shawn as the plenary guardian of decedent’s person and estate.”
In Re Estate of Wilson (2010)
“Wilson), filed a petition in the circuit court of Cook County pursuant to sections 11a-3 and 11a-8 of the Probate Act of 1975 (755 ILCS 5/11a-3, 11a-8 (West 2006)) alleging that Mrs.”
In Re Estate of Fallos (2008)
“755 ILCS 5/11a-3, 11a-8 (West 2004). On November 29, 2005, the trial court held a hearing on the matter.”
In re Estate of McDonald (2022)
“” 755 ILCS 5/11a-3(b) (West 2016). ¶ 66 Ellizzette argues, and the appellate court held, that the plain language of the Probate Act does not require a best interest hearing before a ward may marry.”
People v. Delores W. (2006)
“" 755 ILCS 5/11a-3(a) (West 1998). Section 11a-3(b) further provides that "[g]uardianship shall be utilized only as is necessary to promote the well-being of the disabled person, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum…”
In Re Estate of Mank (1998)
“755 ILCS 5/11a-3, 11a-15 (West 1994). At some point, a question arose as to whether Moore could recover for the estate any of the assets held by Alvin and Helen in joint tenancy.”
In Re Estate of Wellman (1996)
“Wellman [was] a partially disabled person who lacks some but not all of the capacity as specified in [755 ILCS 5/11a-3 (West 1992)] and, therefore, is entitled to the appointment of a limited guardian of the person and estate.”
— 755 ILCS 5/11a-3(a) — 25 cases
In Re CE (1994)
“(755 ILCS 5/11a-3(a) (West 1992).) In order to be in need of the appointment of a guardian, it must be shown that the ward is a "disabled person," which is defined as follows: "`Disabled person' means a person * * * who (a) because of mental deterioration or physical incapacity…”
Karbin v. Karbin (2012)
“755 ILCS 5/11a-3(a) (West 2008). ¶ 21 Once a disability is found, the court has different options available under the Act.”
Struck v. Cook County Public Guardian (2008)
“Act states that the circuit court may adjudge an individual a disabled person "[u]pon the filing of a petition by a reputable person" (755 ILCS 5/11a-3(a) (West 2006)); that the petition must state the names and post office addresses of the allegedly disabled person's nearest…”
Williams v. Estate of Cole (2009)
In Re Estate of Fallos (2008)
“755 ILCS 5/11a-3, 11a-8 (West 2004). On November 29, 2005, the trial court held a hearing on the matter.”
— 755 ILCS 5/11a-3(a)(1) — 3 cases
In Re Guardianship of Mabry (1996)
“" 755 ILCS 5/11a-3(a)(1) (West 1994). The personal guardian's duties are to "procure" and "make provision for" the "support, care, comfort, health, education and maintenance, and professional services as are appropriate" for the ward and his or her minor and adult dependent…”
In Re Estate of Fallos (2008)
“755 ILCS 5/11a-3, 11a-8 (West 2004). On November 29, 2005, the trial court held a hearing on the matter.”
In re Estate of Fallos (2008)
— 755 ILCS 5/11a-3(a)(2) — 1 case
In Re Guardianship of Mabry (1996)
“" 755 ILCS 5/11a-3(a)(1) (West 1994). The personal guardian's duties are to "procure" and "make provision for" the "support, care, comfort, health, education and maintenance, and professional services as are appropriate" for the ward and his or her minor and adult dependent…”
— 755 ILCS 5/11a-3(b) — 20 cases
In Re CE (1994)
“(755 ILCS 5/11a-3(a) (West 1992).) In order to be in need of the appointment of a guardian, it must be shown that the ward is a "disabled person," which is defined as follows: "`Disabled person' means a person * * * who (a) because of mental deterioration or physical incapacity…”
In Re Guardianship of Mabry (1996)
“" 755 ILCS 5/11a-3(a)(1) (West 1994). The personal guardian's duties are to "procure" and "make provision for" the "support, care, comfort, health, education and maintenance, and professional services as are appropriate" for the ward and his or her minor and adult dependent…”
Karbin v. Karbin (2012)
“755 ILCS 5/11a-3(a) (West 2008). ¶ 21 Once a disability is found, the court has different options available under the Act.”
In re Estate of McDonald (2022)
“” 755 ILCS 5/11a-3(b) (West 2016). ¶ 66 Ellizzette argues, and the appellate court held, that the plain language of the Probate Act does not require a best interest hearing before a ward may marry.”
Struck v. Cook County Public Guardian (2008)
“Act states that the circuit court may adjudge an individual a disabled person "[u]pon the filing of a petition by a reputable person" (755 ILCS 5/11a-3(a) (West 2006)); that the petition must state the names and post office addresses of the allegedly disabled person's nearest…”
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