An Illinois living will is a legal document used during the estate planning process. The purpose of an Illinois living will is to document your wishes related to medical care in the event that you are unable to make your own medical decisions for any reason. An Illinois living will is also used to appoint a healthcare agent to make decisions on your behalf. Under state law, your healthcare agent may not be your healthcare provider. An Illinois living will must be signed by two witnesses. The witnesses must be at least 18 years old, not financially responsible for your medical care, and cannot be legally entitled to a portion of your estate.
§ 755 ILCS 35/1: The purpose of an Illinois living will is to preserve and express the rights of the patient at a time when they are incapable of expressing themselves because they are incapacitated. When possible, it is the responsibility of the patient to ensure that their treating or attending physician is notified that the document exists.
A living will is just one part of the estate planning process. To explain how you’d like your assets handled after your death, you must create an Illinois last will and testament.