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An Illinois living will, also known as an advance directive, 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 because of a terminal condition, the dying process, a persistent vegetative state, irreversible injury, or another similar issue. An Illinois living will is also used to appoint a healthcare agent for decision-making on your behalf. Under Illinois 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.
A living will declaration is an important part of an estate plan. It helps make difficult decisions easier for family members while also documenting your desires related to topics such as death-delaying procedures, medical procedures, blood transfusions, do not resuscitate orders, and life-sustaining treatment if you are in a health care facility. However, it is not the same as an Illinois power of attorney, durable power of attorney, or a power of attorney for health care. To learn more about the differences between a living will declaration and a power of attorney or if you have questions about the Illinois Living Will Act, you should seek legal advice.
§ 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. The Illinois Department of Health provides a free living will in both English and Spanish.
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.
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