Medical Power of Attorney in Illinois
How to name a health care agent in Illinois: signing and witness rules, the official form if the state has one, and how it relates to a living will.
Short answer: 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. 755 ILCS 45/4-10
| 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 |
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| Health care directive | Health care power of attorney: Illinois has a statutory short form. It must be signed by the principal and one qualified witness; it does not need to be notarized. A non-statutory health care power need not be witnessed. Living will: a person of sound mind who is an adult (or emancipated) may sign a declaration refusing death-delaying procedures for a terminal condition; it must be signed and witnessed by two people age 18 or older. Source: 755 ILCS 45/4-10; 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 |
| Official power of attorney forms | Illinois has statutory forms under the Illinois Power of Attorney Act (755 ILCS 45): a Power of Attorney for Property (financial decisions) and a Power of Attorney for Health Care. The Illinois Department on Aging also lists a Living Will Declaration (755 ILCS 35), a Declaration for Mental Health Treatment (755 ILCS 43) and the POLST form (755 ILCS 40); free copies are available from the Department on Aging Senior HelpLine (1-800-252-8966), the Illinois Guardianship and Advocacy Commission and the Department of Public Health (also in Spanish). The Department of Public Health advises having someone who is not your agent witness your signing of a health care power of attorney (your agent cannot be your health care provider), and a living will must be witnessed by two people, not including your health care professional. IDPH: https://dph.illinois.gov/topics-services/health-care-regulation/nursing-homes/advance-directives.html |
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FAQ
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.
What are the requirements for a health care directive in Illinois?
Health care power of attorney: Illinois has a statutory short form. It must be signed by the principal and one qualified witness; it does not need to be notarized. A non-statutory health care power need not be witnessed. Living will: a person of sound mind who is an adult (or emancipated) may sign a declaration refusing death-delaying procedures for a terminal condition; it must be signed and witnessed by two people age 18 or older.
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.
Where can I get a power of attorney form in Illinois?
Illinois has statutory forms under the Illinois Power of Attorney Act (755 ILCS 45): a Power of Attorney for Property (financial decisions) and a Power of Attorney for Health Care. The Illinois Department on Aging also lists a Living Will Declaration (755 ILCS 35), a Declaration for Mental Health Treatment (755 ILCS 43) and the POLST form (755 ILCS 40); free copies are available from the Department on Aging Senior HelpLine (1-800-252-8966), the Illinois Guardianship and Advocacy Commission and the Department of Public Health (also in Spanish). The Department of Public Health advises having someone who is not your agent witness your signing of a health care power of attorney (your agent cannot be your health care provider), and a living will must be witnessed by two people, not including your health care professional.
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.