Living Wills and Advance Directives in Illinois
How to make a valid living will (advance directive) and medical power of attorney in Illinois, with the official form.
Short answer: Under the Illinois Living Will Act, an adult (or emancipated person) of sound mind may sign a declaration directing that death-delaying procedures not be used if they have a terminal condition. 755 ILCS 35/3
| Living will / advance directive | Under the Illinois Living Will Act, an adult (or emancipated person) of sound mind may sign a declaration directing that death-delaying procedures not be used if they have a terminal condition. It must be signed by the declarant (or by another at their direction) and witnessed by two individuals 18 or older. The declaration has no effect during a pregnancy if the fetus could develop to live birth with continued treatment. The declarant is responsible for telling the attending physician about it and providing a copy. The Act includes a suggested form. Source: 755 ILCS 35/3 |
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| Medical power of attorney | Illinois uses a "power of attorney for health care," and the Illinois Power of Attorney Act provides a Statutory Short Form Power of Attorney for Health Care. The statutory form must be signed by the principal and one qualified adult witness; notarization is not required. The agent can make health care decisions, including end-of-life decisions, as the form directs. Source: 755 ILCS 45/4-10 |
More Illinois estate law
- Medical Power of Attorney in Illinois
- Small Estate Affidavit in Illinois
- Power of Attorney in Illinois
- Quitclaim Deeds and Transferring Property in Illinois
- Who Inherits If You Die Without a Will in Illinois
- How to Make a Valid Will in Illinois
- How Probate Works in Illinois
- Revocable Living Trusts in Illinois
- Executor Duties in Illinois
- Letters Testamentary in Illinois
- Affidavit of Heirship in Illinois
- How to Avoid Probate in Illinois
- Transferring a Car After Someone Dies in Illinois
- All Illinois wills, probate and estate rules
FAQ
How do I make a living will in Illinois?
Under the Illinois Living Will Act, an adult (or emancipated person) of sound mind may sign a declaration directing that death-delaying procedures not be used if they have a terminal condition. It must be signed by the declarant (or by another at their direction) and witnessed by two individuals 18 or older. The declaration has no effect during a pregnancy if the fetus could develop to live birth with continued treatment. The declarant is responsible for telling the attending physician about it and providing a copy. The Act includes a suggested form.
How do I make a medical power of attorney in Illinois?
Illinois uses a "power of attorney for health care," and the Illinois Power of Attorney Act provides a Statutory Short Form Power of Attorney for Health Care. The statutory form must be signed by the principal and one qualified adult witness; notarization is not required. The agent can make health care decisions, including end-of-life decisions, as the form directs.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.