Legal Question in Criminal Law in Illinois
Can a person classified as disabled and incapable of self-care be criminally charged with neglect or unlawful restraint of another disabled person?
Asked on 2/14/12, 4:52 pm
2 Answers from Attorneys
Insufficient facts (including whether there are appointed guardians, who themselves may wind up with some liability). But more so on the restraint possibility since anyone can restrain another. As to neglect I do not see how one disabled person would be put in a position of responsibility of another disabled person so as to be in a position of being potentially neglectful. Which doesn't mean it couldn't happen if there are no guardianships involved.
Answered on 2/14/12, 6:29 pm
Michael R. Nack
Michael R. Nack, Attorney at Law
I would simply answer your question: "Yes."
Answered on 2/14/12, 8:19 pm
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