Skip to main content

Illinois Statutes Chapter 755. Estates § 43/5. Definitions

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

§ 5. Definitions. As used in this Act:

(1) “Adult” shall have the same meaning as provided in Section 10 of the Health Care Surrogate Act. 1

(2) “Attending physician” shall have the same meaning as provided in Section 10 of the Healthcare Surrogate Act.

(3) “Attorney-in-fact” means an adult validly appointed under this Act to make mental health treatment decisions for a principal under a declaration for mental health treatment and also means an alternative attorney-in-fact.

(4) “Declaration” means a document, in hard copy or electronic format, making a declaration of preferences or instructions regarding mental health treatment.

(5) “Incapable” means that, in the opinion of 2 physicians or the court, a person's ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions.

(6) “Mental Health Facility” shall have the same meaning as provided in Section 1-114 of the Mental Health and Developmental Disabilities Code. 2

(7) “Mental health treatment” means electroconvulsive treatment, treatment of mental illness with psychotropic medication, and admission to and retention in a mental health facility for a period not to exceed 17 days for care or treatment of mental illness.

(8) “Physician” means a physician or psychiatrist as defined in Sections 1-120 and 1-121, respectively, of the Mental Health and Developmental Disabilities Code. 3

(9) “Principal” means the person making a declaration for his or her personal mental health treatment.

(10) “Provider” means any mental health facility or any other person which is devoted in whole or part to providing mental health services.

1 755 ILCS 40/10.
2 405 ILCS 5/1-114.
3 405 ILCS 5/1-120 and 5/1-121.

Cite this article: FindLaw.com - Illinois Statutes Chapter 755. Estates § 43/5. Definitions - last updated January 01, 2022 | https://codes.findlaw.com/il/chapter-755-estates/il-st-sect-755-43-5.html


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Thank you. Your response has been sent.

Copied to clipboard