“Disabled person” is not a defined term in the provisions relating to credit reports in the Consumer Fraud and Deceptive Business Practices Act (CFDBPA). Nonetheless, the CFDBPA does provide that “a security freeze [may] be placed on the credit report of a disabled person” and authorizes two types of persons to place this type of security freeze: (1) a guardian appointed under Article XIa of the Probate Act of 1975, and (2) an agent appointed under the Illinois Power of Attorney Act.  815 ILCS 505/2MM(c).

The Illinois Power of Attorney Act defines a disabled person to have the same meaning as the definition of the term in the Probate Act.  755 ILCS 45/2-3(c).  Article XIa of the Probate Act defines a “disabled person” 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 fetal alcohol syndrome or fetal alcohol effects.”

755 ILCS 5/11a-2. Accordingly, this definition in the Probate Act would be the appropriate definition for purposes of the security freeze provisions in the CFDBPA. A person diagnosed with Alzheimer’s disease would be covered by this definition if the person “is not fully able to manage his person or estate” (which arguably might not be the case in its earliest stages).

Note that either a guardian appointed under Article XIa of the Probate Act or an agent with a Power of Attorney under the Illinois Power of Attorney Act would need to place the freeze on the credit report. The CFDBPA allows for any consumer in Illinois to place a security freeze on his or her own credit report, but expressly limits the authority to place freezes on disabled persons to the two classes of persons noted above. As to these persons, the law also requires a consumer reporting agency to require “proper identification” and “proper authority” from the person making a request on behalf of the disabled person. 815 ILCS 505/2MM(m). “Proper authority” regarding a disabled person includes (1) a court order that shows a guardian has authority to act on behalf of the disabled person and (2) a durable power of attorney that complies with the Illinois Power of Attorney Act. 815 ILCS 505/2MM(q).