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Illinois Compiled Statutes - Full Text
Illinois Compiled Statutes (ILCS)
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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.)
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