How do I create an advance healthcare directive in Illinois?
1. Types Recognized
Illinois recognizes: (a) Living Will Declaration under the Living Will Act (755 ILCS 35), (b) Power of Attorney for Health Care under the Illinois Power of Attorney Act (755 ILCS 45 Art. IV), (c) Declaration for Mental Health Treatment (755 ILCS 43), (d) POLST (Practitioner Orders for Life-Sustaining Treatment), and (e) DNR.
2. Statutory Form
755 ILCS 35/3 provides the Living Will form. 755 ILCS 45/4-10 provides the short-form Power of Attorney for Health Care, and use of the statutory short form creates a presumption of validity.
3. Execution Formalities
LIVING WILL: 18+, sound mind, signed before TWO adult witnesses (755 ILCS 35/3(b)) who are not entitled to any portion of the estate. HEALTHCARE POA: 18+, signed by principal and ONE adult witness (755 ILCS 45/4-5.1) who cannot be the agent, attending physician, or related to either. NO notary required.
4. Healthcare Agent Authority
Under 755 ILCS 45/4-6, the agent has broad authority to make any healthcare decision including consent to/refusal of life-sustaining treatment and artificial nutrition/hydration, unless the document limits authority. Agent's authority is effective upon execution unless otherwise specified, but providers typically defer to principal until incapacity.
5. Pregnancy Clauses
755 ILCS 35/3(c): a living will is NOT effective during pregnancy unless adequate comfort care can be provided AND the fetus could not be born alive. This pregnancy exclusion remains in force.
6. Reciprocity
755 ILCS 35/8 recognizes living wills validly executed in other jurisdictions; 755 ILCS 45/4-11 honors out-of-state healthcare POAs.
7. POLST
Illinois POLST (755 ILCS 40 — Health Care Surrogate Act) is a practitioner-signed order applicable across care settings.
8. Revocation
Living Will: revocable at any time by signed/dated writing, oral statement to attending physician, or destruction (755 ILCS 35/5). Healthcare POA: revocable by any means evidencing intent (755 ILCS 45/4-6(d)); divorce automatically revokes spouse-agent.
9. Default Surrogate
The Health Care Surrogate Act (755 ILCS 40/25) provides surrogate hierarchy: guardian > spouse > adult son/daughter > parent > sibling > adult grandchild > close friend > guardian of estate.
This is legal information, not legal advice.
- Pregnant patient affected by 755 ILCS 35/3(c) pregnancy exclusion
- Disputes over surrogate priority under Health Care Surrogate Act
- Mental health preference declarations under 755 ILCS 43
- 755 ILCS 35 (Living Will Act)
- 755 ILCS 45 Art. IV (Power of Attorney for Health Care)
- 755 ILCS 40 (Health Care Surrogate Act)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.