Definitions

Disabled Person

Under the Probate Act, a disabled person is defined as:
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 alcohol syndrome or fetal alcohol effects.  See 755 ILCS 5/11a-2.  The adjudication of disability in Probate Court is separate and apart from a determination of disability under Social Security Administration or other governmental agencies.

Abuse

The Mental Health and Developmental Disabilities Code defines abuse as "any physical injury, sexual abuse, or mental injury inflicted on a recipient of services other than by accidental means." See 405 ILCS 5/1-101.1. The Elder Abuse and Neglect Act, 320 ILCS 20/2, defines abuse as: "causing any physical, mental or sexual injury to an eligible adult, including exploitation of such adult's financial resources." The Illinois Department of Human Services defines the following types of abuse reportable to the Office of the Inspector General:

  • Physical Abuse: Physical harm to an individual caused by any non-accidental act or omission. (The harm does not have to be a visible injury.)
  • Sexual Abuse: Any act of sexual contact, sexual penetration, sexual coercion, or sexual exploitation of an individual. (Sexual contact between an employee and an individual must be reported whether it is consensual or not; it is a Class 3 felony.)
  • Mental Injury: Harm caused by an act or omission that precipitates emotional distress or maladaptive behavior in the individual, or could precipitate emotional distress or maladaptive behavior, including the use of words, signs, gestures or other actions toward or about and in the presence of individuals. (Since this includes what "could" precipitate a reaction, alleged mental injury is reportable even if the individual does not appear to respond to the act or omission.)
  • Exploitation: Illegal use of the assets or resources of an adult with disabilities. (This applies to domestic abuse allegations only).

http://www.dhs.state.il.us/page.aspx?item=10687


Neglect

The Mental Health and Developmental Disabilities Code defines neglect as "the failure to provide adequate medical or personal care or maintenance to a recipient of services, which failure results in physical or mental injury to a recipient or in the deterioration of a recipient's physical or mental condition." See 405 ILCS 5/1-117.1. The Elder Abuse and Neglect Act, 320 ILCS 20/2, defines neglect, and self-neglect as the following:

  • Neglect: another individual's failure to provide an eligible adult with or willful withholding from an eligible adult the necessities of life including, but not limited to, food, clothing, shelter or health care.
  • Self-neglect: a condition that is the result of an eligible adult's inability, due to physical or mental impairments, or both, or a diminished capacity, to perform essential self-care tasks that substantially threaten his or her own health, including: providing essential food, clothing, shelter, and health care; and obtaining goods and services necessary to maintain physical health, mental health, emotional well-being, and general safety.

The Illinois Department of Human Services defines the following type of neglect reportable to the Office of the Inspector General:

  • Neglect: The failure to provide adequate medical or personal care or maintenance, which failure results in a physical or mental injury or in the deterioration of an individual's physical or mental condition. (Neglect that causes presumable mental injury is reportable. Domestic neglect allegations do not require any specific harm.)

http://www.dhs.state.il.us/page.aspx?item=10687