How to Create a Healthcare Directive in Illinois
What Is a Healthcare Directive in Illinois?
A legal document that specifies your wishes for medical treatment if you become unable to communicate your decisions.
In Illinois, this document is officially known as a Power of Attorney for Health Care and is governed by 755 ILCS 45/4 (Illinois Health Care Surrogate Act & Power of Attorney Act).
Illinois Requirements
| Requirement | Details |
|---|---|
| Minimum Age | 18 years old |
| Witnesses Required | 1 — One witness is required. The witness must be at least 18 years old and cannot be the agent named in the document. The witness also should not be the principal's attending physician or a person related to the principal by blood or marriage. |
| Notarization | Not required — Notarization is not required for a power of attorney for health care in Illinois. A single witness is sufficient for validity. |
| Self-Proving Affidavit | Not applicable to healthcare powers of attorney in Illinois. |
| Holographic (Handwritten) | Not allowed — Healthcare powers of attorney must follow statutory requirements. |
| Governing Statute | 755 ILCS 45/4 (Illinois Health Care Surrogate Act & Power of Attorney Act) |
How to Create a Healthcare Directive in Illinois: Step by Step
- 1
Choose your health care agent
Select a trusted person to make medical decisions for you if you become unable to do so. Consider their judgment, availability, and willingness to honor your wishes even under pressure.
- 2
Define your treatment preferences
Specify your wishes regarding life-sustaining treatment, artificial nutrition and hydration, pain management, and organ donation. Illinois allows you to be as specific or general as you wish.
- 3
Complete the statutory form
Use the Illinois statutory short form power of attorney for health care (755 ILCS 45/4-10). This form is widely recognized and accepted by Illinois healthcare providers.
- 4
Sign in the presence of one witness
Sign the form in front of one qualified witness who is at least 18 years old and is not your designated agent. The witness must also sign the document.
- 5
Distribute copies
Give copies to your health care agent, your primary care physician, the hospital you use, and close family members. Keep the original in an accessible location.
Healthcare Directive Costs in Illinois
What you can expect to pay for a healthcare directive in Illinois, depending on how you create it.
Common Mistakes When Creating a Healthcare Directive in Illinois
Confusing the health care POA with a living will
Illinois has both a statutory power of attorney for health care (which appoints an agent) and a declaration known as a living will (755 ILCS 35). The health care POA is more comprehensive because it appoints someone to make a range of decisions, not just end-of-life choices.
Using too many witnesses (or the wrong kind)
Illinois requires only one witness for a health care POA — not two. However, the witness cannot be the agent, the attending physician, or a relative. Using an ineligible witness can jeopardize the document's validity.
Illinois-Specific Considerations
- •Illinois only requires one witness for a power of attorney for health care, which is fewer than most states. This makes the execution process simpler but also means the one witness must be carefully chosen to meet eligibility requirements.
- •The Illinois Health Care Surrogate Act (755 ILCS 40) establishes a priority list for decision-makers if you have no health care POA: guardian, spouse, adult children, parents, adult siblings, then close friends.
- •Illinois provides a statutory short form for the health care POA (755 ILCS 45/4-10) that is widely recognized. Using this form reduces the chance of disputes or refusals.
- •POLST (Practitioner Orders for Life-Sustaining Treatment) is available in Illinois as a separate medical order for patients with serious illness, complementing your health care POA.
Create Your Healthcare Directive for Illinois
Document your medical wishes clearly so your loved ones and doctors know exactly what you want.
Create Your Healthcare DirectiveFrequently Asked Questions About Healthcare Directive in Illinois
- Can I revoke my health care POA in Illinois?
- Yes. You can revoke it at any time by destroying the document, creating a new one, or notifying your agent and healthcare provider in writing or orally. A divorce automatically revokes a health care POA in which the former spouse was named as agent.
- Does my Illinois health care POA work in other states?
- Most states honor out-of-state health care documents, but requirements vary. If you spend significant time in another state, consider having a document that meets that state's requirements as well.
- Do I need both a health care POA and a living will in Illinois?
- Having both is recommended. The health care POA appoints a decision-maker, while a living will (declaration) states your specific treatment preferences. Together, they provide the most comprehensive protection.