Illinois Advance Directive Form

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An Illinois advance directive combines a living will and power of attorney to give directions for the preparer’s health care. The living will is a statement by the principal (preparer) to relay under which circumstances they would prefer life-sustaining treatments be withheld (if at all). The power of attorney appoints a health care agent to make medical decisions once the principal is no longer able.

Illinois Advance Directive Form

An Illinois advance directive combines a living will and power of attorney to give directions for the preparer’s health care. The living will is a statement by the principal (preparer) to relay under which circumstances they would prefer life-sustaining treatments be withheld (if at all). The power of attorney appoints a health care agent to make medical decisions once the principal is no longer able.

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Last updated May 8th, 2024

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An Illinois advance directive combines a living will and power of attorney to give directions for the preparer’s health care. The living will is a statement by the principal (preparer) to relay under which circumstances they would prefer life-sustaining treatments be withheld (if at all). The power of attorney appoints a health care agent to make medical decisions once the principal is no longer able.

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Signing Requirements

  • Medical Power of Attorney – Must be signed by one witness who is not[1]:
    • Related to the principal or their agent.
    • The agent or successor agent.
    • The owner or operator of the facility where the principal receives treatment.
    • The principal’s health care provider or their relative.
  • Living Will – This portion of the document must be signed by two witnesses. The witnesses must not:
    • Be financially responsible for the principal’s medical care.
    • Have signed the declaration on the principal’s behalf.
    • Be entitled to the principal’s estate.

Advance Directive (Preview)

Revocation

An advance directive can be revoked at any time (regardless of the principal’s condition) 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
  3. §§ 755 ILCS 35/5, 45/4-6