Legal Considerations for Persons with Guardians

Illinois law now requires health care providers to notify an adult family member (defined by the law as a parent, legal guardian, grandparent or resident step-parent) before providing abortion care to an “incompetent person.”

As defined by the parental notice law, an “incompetent person” means “any person who has been adjudged as mentally ill or developmentally disabled and who, because of her mental illness or developmental disability, is not fully able to manage her person and for whom a guardian of the person has been appointed” under Section 11a-3(a)(1) of the Probate Act of 1975, which applies to individuals 18 and older. 

Since questions about abortion care for individuals with appointed guardians can be complex and depend on the individual situation, please find additional resources in the sidebar.