Illinois Advance Directive

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An Illinois advance directive is a document that combines the living will and medical power of attorney forms. The living will is a statement the principal uses to say under which circumstances they would prefer life-sustaining treatments be withheld. The power of attorney appoints a health care agent who can make medical decisions on behalf of the principal if they are incapacitated.

Illinois Advance Directive

An Illinois advance directive is a document that combines the living will and medical power of attorney forms. The living will is a statement the principal uses to say under which circumstances they would prefer life-sustaining treatments be withheld. The power of attorney appoints a health care agent who can make medical decisions on behalf of the principal if they are incapacitated.

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Last updated April 19th, 2024

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An Illinois advance directive is a document that combines the living will and medical power of attorney forms. The living will is a statement the principal uses to say under which circumstances they would prefer life-sustaining treatments be withheld. The power of attorney appoints a health care agent who can make medical decisions on behalf of the principal if they are incapacitated.

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Signing Requirements

Each part of the document has different signing requirements:

  • Medical Power of Attorney – Must be signed by one witness who is not[1]:
    • A parent, spouse, sibling, or descendant of the principal or their agent.
    • The agent or successor agent.
    • The owner or operator of the facility where the principal receives treatment.
    • Any healthcare provider (or their relatives) of the principal.
  • Living Will – This portion of the document must be signed by two witnesses.[2]

Advance Directive (Preview)

Illinois Advance Directive

Revocation

Either section of the document may be revoked at any time by[3]:

  • Destroying or defacing the document.
  • A signed and dated written revocation, electronic or hard copy.
  • Verbally expressing a desire to revoke it in front of a witness.
  • Electronically revoking it via deletion.

The principal may impose a 30-day revocation delay for the power of attorney. In this case, any efforts to revoke the document will be subject to a 30-day wait time.

Sources

  1. § 755 ILCS 45/4-5.1
  2. § 755 ILCS 35/3(b)
  3. §§ 755 ILCS 35/5, 45/4-6