Section 125.90  Competency

a)         A recipient age 18 or over is presumed legally competent.  A recipient is considered incompetent upon the filing of a petition with the court where the court adjudges a recipient to be a disabled person.  At the time of the hearing a guardian may be appointed.  (See Sections 11a-2 and 11a-3 of the Probate Act of 1975 [755 ILCS 5/11a-2 and 11a-3])

b)         Guardianship is ordered only to the extent necessitated by the recipient's actual mental, physical and adaptive limitations.

c)         A guardian may be appointed for a recipient, if, because of disability, there is a lack of sufficient understanding or capacity to make or communicate responsible decisions concerning personal care.  A guardian may be appointed for the estate of a disabled recipient, if, because of disability, the recipient is unable to manage an estate or financial affairs.

d)         The appointment of a limited guardian does not constitute a finding of legal incompetence.  The appointment of a plenary guardian constitutes a finding of legal incompetence (see Section 11a-14 of the Probate Act of 1975 [755 ILCS 5/11a-14]).

e)         The Code does not require the appointment of a guardian prior to discharge.