Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

755 ILCS 43/5

(755 ILCS 43/5)

Sec. 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.

(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.

(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.

(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.

(Source: P.A. 101-163, eff. 1-1-20.)