755 ILCS 5 Probate Act of 1975
755 ILCS 8 Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
755 ILCS 10 Uniform International Wills Act
755 ILCS 15 Safety Deposit Box Opening Act
755 ILCS 20 Escheats Act
755 ILCS 25 Lifetime Transfer of Property Act
755 ILCS 27 Illinois Residential Real Property Transfer on Death Instrument Act
755 ILCS 30 Third Party Beneficiary Contract Act
755 ILCS 35 Illinois Living Will Act
755 ILCS 40 Health Care Surrogate Act
755 ILCS 43 Mental Health Treatment Preference Declaration Act
755 ILCS 45 Illinois Power of Attorney Act
755 ILCS 50 Illinois Anatomical Gift Act
755 ILCS 65 Disposition of Remains Act
755 ILCS 66 Disposition of Remains of the Indigent Act
755 ILCS 70 Revised Uniform Fiduciary Access to Digital Assets Act (2015)

Terms Used In Illinois Compiled Statutes > Chapter 755

  • administrative enforcement unit: when used in this Article, means local governmental units or the Child and Spouse Support Unit established under Section 10-3. See Illinois Compiled Statutes 305 ILCS 5/10-3
  • Administrative separation: means a parent's, legal guardian's, legal custodian's, or primary caretaker's: (1) arrest, detention, incarceration, removal, or deportation in connection with federal immigration enforcement; or (2) receipt of official communication by federal, State, or local authorities regarding immigration enforcement that gives reasonable notice that care and supervision of the child by the parent, legal guardian, legal custodian, or primary caretaker will be interrupted or cannot be provided. See Illinois Compiled Statutes 755 ILCS 5/11-1
  • Adult with a mental disability: means a person over the age of 18 years who lives in his or her own home; who needs home-based services, but does not require 24-hour-a-day supervision; and who has one of the following conditions: severe autism, severe mental illness, a severe or profound intellectual disability, or severe and multiple impairments. See Illinois Compiled Statutes 405 ILCS 80/2-3
  • Agency: means an agency or entity licensed by the Department pursuant to this Article or pursuant to the Community Residential Alternatives Licensing Act. See Illinois Compiled Statutes 405 ILCS 80/2-3
  • Allegation: something that someone says happened.
  • Ancillary administration: Probate administration of property (usually real property) owned in a State other than the one in which the decedent had his (her) principal residence at the time of death.
  • Appeal: means any of the procedures that deal with the review of adverse organization determinations on the health care services the enrollee believes he or she is entitled to receive, including delay in providing, arranging for, or approving the health care services, such that a delay would adversely affect the health of the enrollee or on any amounts the enrollee must pay for a service, as defined under 42 CFR 422. See Illinois Compiled Statutes 305 ILCS 5/5F-15
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authority: means any Municipal Zoo Authority, as provided in this Division. See Illinois Compiled Statutes 65 ILCS 5/11-48.3-2
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Base year: means the 12-month period from January 1, 2018 to December 31, 2018. See Illinois Compiled Statutes 305 ILCS 5/5H-1
  • Bequeath: To gift property by will.
  • Board: means the governing and administrative body of any Municipal Zoo Authority, as provided in this Division. See Illinois Compiled Statutes 65 ILCS 5/11-48.3-2
  • Bridge: means any bridge over or across a river, including any bridges on the approaches thereto to eliminate intersection at grade with any street, tunnel, public road, thoroughfare, highway, railroad or street railroad, where the complete project is located entirely within the State;
         (2) "Net Revenue" means the gross revenue of a bridge less the reasonable cost of operating, maintaining, and repairing the bridge;
         (3) "United States" means the United States of America and any agent or agency thereof;
         (4) "Holder" means the holder or holders of any of the bonds issued under this Division of this Article. See Illinois Compiled Statutes 605 ILCS 5/10-701
  • Caregiver: includes a caregiver's spouse, cohabitant, child, or employee. See Illinois Compiled Statutes 755 ILCS 5/4a-5
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County hospital: means a hospital, as defined in Section 14-1 of this Code, which is a county hospital located in a county of over 3,000,000 population. See Illinois Compiled Statutes 305 ILCS 5/15-1
  • County provider: means a health care provider that is, or is operated by, a county with a population greater than 3,000,000. See Illinois Compiled Statutes 305 ILCS 5/15-1
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Demonstration Project: means the nursing home component of the Medicare-Medicaid Alignment Initiative Demonstration Project. See Illinois Compiled Statutes 305 ILCS 5/5F-15
  • Department: means the Department of Healthcare and Family Services. See Illinois Compiled Statutes 305 ILCS 5/5F-15
  • Department: means the Department of Healthcare and Family Services. See Illinois Compiled Statutes 305 ILCS 5/5G-5
  • Department: means the Department of Healthcare and Family Services. See Illinois Compiled Statutes 305 ILCS 5/5H-1
  • Department: means the Department of Human Services, as successor to the Department of Mental Health and Developmental Disabilities. See Illinois Compiled Statutes 405 ILCS 80/2-3
  • Donee: The recipient of a gift.
  • Dower: A widow
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Enrollee: means an individual who resides in a nursing home or is qualified to be admitted to a nursing home and is enrolled with a managed care organization participating in the Demonstration Project. See Illinois Compiled Statutes 305 ILCS 5/5F-15
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fund: means the Supportive Living Facility Fund. See Illinois Compiled Statutes 305 ILCS 5/5G-5
  • Fund: means the Healthcare Provider Relief Fund. See Illinois Compiled Statutes 305 ILCS 5/5H-1
  • Fund: means the County Provider Trust Fund. See Illinois Compiled Statutes 305 ILCS 5/15-1
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • Health care services: means the diagnosis, treatment, and prevention of disease and includes medication, primary care, nursing or medical care, mental health treatment, psychiatric rehabilitation, memory loss services, physical, occupational, and speech rehabilitation, enhanced care, medical supplies and equipment and the repair of such equipment, and assistance with activities of daily living. See Illinois Compiled Statutes 305 ILCS 5/5F-15
  • Home-based services: means services provided to an adult with a mental disability who lives in his or her own home. See Illinois Compiled Statutes 405 ILCS 80/2-3
  • Hospital: means any institution, place, building, or agency, public or private, whether organized for profit or not-for-profit, which is located in the State and is subject to licensure by the Illinois Department of Public Health under the Hospital Licensing Act or any institution, place, building, or agency, public or private, whether organized for profit or not-for-profit, which meets all comparable conditions and requirements of the Hospital Licensing Act in effect for the state in which it is located, and is required to submit cost reports to the Illinois Department under Title 89, Part 148, of the Illinois Administrative Code, but shall not include the University of Illinois Hospital as defined in the University of Illinois Hospital Act or a county hospital in a county of over 3 million population. See Illinois Compiled Statutes 305 ILCS 5/14-1
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Legal guardian: means a person appointed by a court of competent jurisdiction to exercise certain powers on behalf of an adult with a mental disability. See Illinois Compiled Statutes 405 ILCS 80/2-3
  • Legatee: A beneficiary of a decedent
  • Managed care organization: means an entity operating under a certificate of authority issued pursuant to the Health Maintenance Organization Act or as a Managed Care Community Network pursuant to Section 5-11 of the Public Aid Code. See Illinois Compiled Statutes 305 ILCS 5/5H-1
  • MCO: means an entity that meets the definition of health maintenance organization as defined in the Health Maintenance Organization Act, is licensed, regulated and in good standing with the Department of Insurance, and is authorized to participate in the nursing home component of the Medicare-Medicaid Alignment Initiative Demonstration Project by a 3-way contract with the Department of Healthcare and Family Services and the Centers for Medicare and Medicaid Services. See Illinois Compiled Statutes 305 ILCS 5/5F-15
  • Medicaid managed care organization: means a managed care organization under contract with the Department to provide services to recipients of benefits in the medical assistance program pursuant to Article V of the Public Aid Code, the Children's Health Insurance Program Act, or the Covering ALL KIDS Health Insurance Act. See Illinois Compiled Statutes 305 ILCS 5/5H-1
  • Medically necessary: means health care services that a medical professional, exercising prudent clinical judgment, would provide to a patient for the purpose of preventing, evaluating, diagnosing, or treating an illness, injury, or disease or its symptoms, and that are: (i) in accordance with the generally accepted standards of medical practice; (ii) clinically appropriate, in terms of type, frequency, extent, site, and duration, and considered effective for the patient's illness, injury, or disease; and (iii) not primarily for the convenience of the patient, a medical professional, other health care provider, caregiver, family member, or other interested party. See Illinois Compiled Statutes 305 ILCS 5/5F-15
  • Medicare: means the federal Medicare program established under Title XVIII of the federal Social Security Act. See Illinois Compiled Statutes 305 ILCS 5/5H-1
  • Member months: means the aggregate total number of months all individuals are enrolled for coverage in a Managed Care Organization during the base year. See Illinois Compiled Statutes 305 ILCS 5/5H-1
  • Metropolitan Area: means all that territory in the State of Illinois lying within the corporate boundaries of the municipality or municipalities establishing an authority as provided in this Division. See Illinois Compiled Statutes 65 ILCS 5/11-48.3-2
  • Minor: means is a person who has not attained the age of 18 years. See Illinois Compiled Statutes 755 ILCS 5/11-1
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nursing home: means a facility licensed under the Nursing Home Care Act. See Illinois Compiled Statutes 305 ILCS 5/5F-15
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • own home: means that an adult with a mental disability lives alone; or that an adult with a mental disability is in full-time residence with his or her parents, legal guardian, or other relatives; or that an adult with a mental disability is in full-time residence in a setting not subject to licensure under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, the MC/DD Act, or the Child Care Act of 1969, as now or hereafter amended, with 3 or fewer other adults unrelated to the adult with a mental disability who do not provide home-based services to the adult with a mental disability. See Illinois Compiled Statutes 405 ILCS 80/2-3
  • Parent: means the biological or adoptive parent of an adult with a mental disability, or a person licensed as a foster parent under the laws of this State who acts as a foster parent to an adult with a mental disability. See Illinois Compiled Statutes 405 ILCS 80/2-3
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • Person: means any individual, firm, partnership, corporation, both domestic and foreign, company, association or joint stock association; and includes any trustee, receiver, assignee or personal representative thereof. See Illinois Compiled Statutes 65 ILCS 5/11-48.3-2
  • Person under legal disability: means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his or her person or estate, or (b) is a person with mental illness or is a person with developmental disabilities and who because of his or her mental illness or developmental disability is not fully able to manage his or her person or estate, or (c) because of gambling, idleness, debauchery or excessive use of intoxicants or drugs, so spends or wastes his or her estate as to expose himself or herself or his or her family to want or suffering. See Illinois Compiled Statutes 5 ILCS 70/1.06
  • Physician: means an individual licensed to practice in all branches of medicine under the Medical Practice Act of 1987. See Illinois Compiled Statutes 305 ILCS 5/5F-15
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • RAI Manual: means the most recent Resident Assessment Instrument Manual, published by the Centers for Medicare and Medicaid Services. See Illinois Compiled Statutes 305 ILCS 5/5F-15
  • recipient: means only those persons receiving aid under Article IV. See Illinois Compiled Statutes 305 ILCS 5/9A-2
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Resident: means an enrollee who is receiving personal or medical care, including, but not limited to, mental health treatment, psychiatric rehabilitation, physical rehabilitation, and assistance with activities of daily living, from a nursing home. See Illinois Compiled Statutes 305 ILCS 5/5F-15
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Severe and multiple impairments: means the manifestation of all of the following characteristics:
             (1) The evaluation determines the presence of a
    
developmental disability which is expected to continue indefinitely, constitutes a substantial disability and is attributable to any of the following:
            (A) Intellectual disability, which is defined as
        
general intellectual functioning that is 2 or more standard deviations below the mean concurrent with impairment of adaptive behavior which is 2 or more standard deviations below the mean. See Illinois Compiled Statutes 405 ILCS 80/2-3
  • Severe autism: means a lifelong developmental disability which is typically manifested before 30 months of age and is characterized by severe disturbances in reciprocal social interactions; verbal and nonverbal communication and imaginative activity; and repertoire of activities and interests. See Illinois Compiled Statutes 405 ILCS 80/2-3
  • Severe mental illness: means the manifestation of all of the following characteristics:
             (1) A primary diagnosis of one of the major mental
  •     
    disorders in the current edition of the Diagnostic and Statistical Manual of Mental Disorders listed below:
                (A) Schizophrenia disorder. See Illinois Compiled Statutes 405 ILCS 80/2-3
  • Severe or profound intellectual disability: means a manifestation of all of the following characteristics:
             (1) A diagnosis which meets Classification in Mental
  •     
    Retardation or criteria in the current edition of the Diagnostic and Statistical Manual of Mental Disorders for severe or profound mental retardation (an IQ of 40 or below). See Illinois Compiled Statutes 405 ILCS 80/2-3
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
  • Supportive living facility: means an enrolled supportive living site as described under Section 5-5. See Illinois Compiled Statutes 305 ILCS 5/5G-5
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Transfer instrument: means the legal document intended to effectuate a transfer effective on or after the transferor's death and includes, without limitation, a will, trust, transfer on death instrument, deed, form designated as payable on death, contract, or other beneficiary designation form. See Illinois Compiled Statutes 755 ILCS 5/4a-5
  • Transferee: means a legatee, a beneficiary of a trust, a grantee of a deed, or any other person designated in a transfer instrument to receive a nonprobate transfer. See Illinois Compiled Statutes 755 ILCS 5/4a-5
  • Transferor: means a testator, settlor, grantor of a deed, or a decedent whose interest is transferred pursuant to a nonprobate transfer. See Illinois Compiled Statutes 755 ILCS 5/4a-5
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Wills: includes codicils. See Illinois Compiled Statutes 5 ILCS 70/1.13
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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