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Illinois Statutory Equivalent of Living Will or Declaration

Chicago Illinois Statutory Equivalent of Living Will or Declaration

Name: Chicago Illinois Statutory Equivalent of Living Will or Declaration
Brand: US Legal Forms

Category:

Power of Attorney - Healthcare - Living Wills

State:

Illinois

City:

Chicago

Control #:

IL-P024

Format:

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Description

This form is called a "Declaration" and it is the equivalent of a Living Will. It provides instructions to your family and doctors should you have an incurable injury, disease, illness or condition and you are unable to express your wishes with regard to treatment.

In Chicago, Illinois, the statutory equivalent of a Living Will or Declaration is known as a "Statutory Short Form Power of Attorney for Health Care" or "Health Care Power of Attorney." This legal document enables individuals to make advance decisions about their medical treatment if they become unable to communicate or make decisions for themselves. The Health Care Power of Attorney appoints a trusted person, known as an agent or attorney-in-fact, to make health care choices on the individual's behalf. This document emphasizes the importance of personalized and patient-centered decision-making, recognizing that each person's values and preferences for medical treatment may differ. It ensures that the individual's wishes are respected by allowing them to select their preferred agent to advocate for their medical treatment choices. The document requires the principal (the person creating the Health Care Power of Attorney) to be at least 18 years old and of sound mind at the time of execution. It is essential to ensure that the chosen agent understands and agrees to accept the responsibilities and authority granted by the principal. The Health Care Power of Attorney must be signed by the principal in the presence of two adult witnesses. Moreover, Illinois law provides an alternative option known as the "Illinois Statutory Short Form Living Will." This document allows individuals to express their preferences regarding end-of-life medical treatments, including the withholding or withdrawal of life-sustaining procedures under certain circumstances. The Illinois Statutory Short Form Living Will outlines the principal's preferences regarding life-prolonging treatments such as artificial respiration, tube feeding, and cardiopulmonary resuscitation (CPR). It significantly relieves family members and healthcare providers of the burden of making these decisions by providing clear guidance on the individual's desires regarding end-of-life care. Like the Health Care Power of Attorney, the Illinois Statutory Short Form Living Will requires the principal to be at least 18 years old and of sound mind. It must be signed by the principal in the presence of two adult witnesses. Additionally, the principal may appoint an agent to enforce their wishes stated in the living will, similar to the Health Care Power of Attorney. Both the Health Care Power of Attorney and the Illinois Statutory Short Form Living Will seek to ensure that individuals maintain control over their medical treatment decisions, even when they are unable to communicate or make choices independently. These documents are critical for safeguarding an individual's autonomy, promoting patient-centered care, and offering peace of mind to both the principal and their chosen agents.

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FAQ

The Grounds for Contesting a Will The grounds for invalidating wills in Illinois include undue influence, lack of testamentary capacity, and fraud or forgery. Undue influence occurs when something or someone prevents people from exercising their own rights and wishes when crafting their wills.

Types of Advance Directives The living will.Durable power of attorney for health care/Medical power of attorney.POLST (Physician Orders for Life-Sustaining Treatment)Do not resuscitate (DNR) orders.Organ and tissue donation.

Witnessing and Notarization Requirement To make a POA in Illinois, you must sign the POA in the presence a notary public and at least one witness. The notary public cannot act as the witness.

An Illinois Will must be in writing, contain your signature and the signatures of two credible witnesses. State law doesn't require Illinois Wills to be notarized.

The short answer is that a living will is a type of advance directive, while ?advance directive? is a broad term used to describe any legal document that addresses your future medical care. Living wills are advance directives, but not all advance directives are living wills.

An attorney is not required to make a will in Illinois. For the vast majority of people, an attorney will simply do the same things that a good will-making software does ? ask you questions and then create documents for you based on your information and wishes.

A Living Will is a document in which a person can declare his or her desire to have death-delaying procedures withheld or withdrawn in the event he or she has been diagnosed with a terminal condition by a physician. (Specific definitions are provided for these legal terms in the Illinois Living Will Act).

It lets your family, carers and health professionals know your wishes about refusing treatment if you're unable to make or communicate those decisions yourself. The treatments you're deciding to refuse must all be named in the advance decision. You may want to refuse a treatment in some situations, but not others.

Under Illinois law, a properly signed and witnessed Living Will takes effect once a person has been diagnosed with a terminal condition and his or her attending physician verifies such information in writing as a part of the medical record.

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Describes what a living will is, examples of why and when it may be used and information on creating one. All forms are ADA accessible, and you can handwrite or type into the PDF form to fill it out.Rental assistance programs are now accepting applications. The forms should be downloaded to your computer before filling in the fields. Need Professional Help? Talk to a Probate Attorney. This includes both an executor named under the terms of a Will and an administrator in the case of a decedent who dies intestate. You do not need a lawyer to complete these advance directives. The answers do not and are not meant to replace statutory language. By completing four semesters of language courses at UIC.

You will have a good idea what is required. Also, see: Getting an Advance Directive. . Do the Living Will Explain the Person's Endorsement. How a person's end-of-life choices are best addressed; the right to refuse treatment, organ transplants and the right to an out-of-home care plan. The advance directive may also give a person the right to decide who knows about such end-of-life decisions, what medical services occur before death and how the person's affairs will be managed. In all cases, the individual named under the will should make this decision alone. They Will Explain the Person's Endorsement How a person's end-of-life choices are best addressed; the right to refuse treatment, organ transplants and the right to an out-of-home care plan. The advance directive may also give a person the right to decide who knows about such end-of-life decisions, what medical services occur before death and how the person's affairs will be managed.

Disclaimer
The materials in this section are taken from public sources. We disclaim all representations or any warranties, express or implied, as to the accuracy, authenticity, reliability, accessibility, adequacy, or completeness of any data in this paragraph. Nevertheless, we make every effort to cite public sources deemed reliable and trustworthy.

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Statutory Equivalent of Living Will or Declaration

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE ILLINOIS COMPILED STATUTES

DECLARATION (LIVING WILL)
(§§ 755 ILCS 35/1 through 755 ILCS 35/9)

755 ILCS 35/1: Purpose. The legislature finds that persons have the fundamental right to control the decisions relating to the rendering of their own medical care, including the decision to have death delaying procedures withheld or withdrawn in instances of a terminal condition. In order that the rights of patients may be respected even after they are no longer able to participate actively in decisions about themselves, the legislature hereby declares that the laws of this State shall recognize the right of a person to make a written declaration instructing his or her physician to withhold or withdraw death delaying procedures in the event of a terminal condition.

755 ILCS 35/2: Definitions:

(a) "Attending physician" means the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient.
(b) "Declaration" means a witnessed document in writing, voluntarily executed by the declarant in accordance with the requirements of Section 3.
(c) "Health-care provider" means a person who is licensed, certified or otherwise authorized by the law of this State to administer health care in the ordinary course of business or practice of a profession.
(d) "Death delaying procedure" means any medical procedure or intervention which, when applied to a qualified patient, in the judgment of the attending physician would serve only to postpone the moment of death. In appropriate circumstances, such procedures include, but are not limited to, assisted ventilation, artificial kidney treatments, intravenous feeding or medication, blood transfusions, tube feeding and other procedures of greater or lesser magnitude that serve only to delay death. However, this Act does not affect the responsibility of the attending physician or other health care provider to provide treatment for a patient's comfort care or alleviation of pain. Nutrition and hydration shall not be withdrawn or withheld from a qualified patient if the withdrawal or withholding would result in death solely from dehydration or starvation rather than from the existing terminal condition.
(e) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, government, governmental subdivision or agency, or any other legal entity.
(f) "Physician" means a person licensed to practice medicine in all its branches.
(g) "Qualified patient" means a patient who has executed a declaration in accordance with this Act and who has been diagnosed and verified in writing to be afflicted with a terminal condition by his or her attending physician who has personally examined the patient. A qualified patient has the right to make decisions regarding death delaying procedures as long as he or she is able to do so.
(h) "Terminal condition" means an incurable and irreversible condition which is such that death is imminent and the application of death delaying procedures serves only to prolong the dying process. (Source: P.A. 85-860.)

755 ILCS 35/3: Execution of a Document.

(a) An individual of sound mind and having reached the age of majority or having obtained the status of an emancipated person pursuant to the "Emancipation of Mature Minors Act", as now or hereafter amended, may execute a document directing that if he is suffering from a terminal condition, then death delaying procedures shall not be utilized for the prolongation of his life.
(b) The declaration must be signed by the declarant, or another at the declarant's direction, and witnessed by 2 individuals 18 years of age or older.
(c) The declaration of a qualified patient diagnosed as pregnant by the attending physician shall be given no force and effect as long as in the opinion of the attending physician it is possible that the fetus could develop to the point of live birth with the continued application of death delaying procedures.
(d) If the patient is able, it shall be the responsibility of the patient to provide for notification to his or her attending physician of the existence of a declaration, to provide the declaration to the physician and to ask the attending physician whether he or she is willing to comply with its provisions. An attending physician who is so notified shall make the declaration, or copy of the declaration, a part of the patient's medical records. If the physician is at any time unwilling to comply with its provisions, the physician shall promptly so advise the declarant. If the physician is unwilling to comply with its provisions and the patient is able, it is the patient's responsibility to initiate the transfer to another physician of the patient's choosing. If the physician is unwilling to comply with its provisions and the patient is at any time not able to initiate the transfer, then the attending physician shall without delay notify the person with the highest priority, as set forth in this subsection, who is available, able, and willing to make arrangements for the transfer of the patient and the appropriate medical records to another physician for the effectuation of the patient's declaration. The order of priority is as follows:
(1) any person authorized by the patient to make such arrangements,
(2) a guardian of the person of the patient, without the necessity of obtaining a court order to do so, and
(3) any member of the patient's family.
(e) The declaration may, but need not, be in the following form, and in addition may include other specific directions. Should any specific direction be determined to be invalid, such invalidity shall not affect other directions of the declaration which can be given effect without the invalid direction, and to this end the directions in the declaration are severable.

755 ILCS 35/4: Recording of a Terminal Condition. Upon determining that the declarant has a terminal condition, the attending physician who knows of a declaration shall record the determination and the terms of the declaration in the declarant's medical record. A physician who records in writing a terminal condition under this Section is presumed to be acting in good faith. Unless it is alleged and proved that his action violated the standard of reasonable professional care and judgment under the circumstances, he is immune from civil or criminal liability that otherwise might be incurred.

755 ILCS 35/5: Revocation.
(a) A declaration may be revoked at any time by the declarant, without regard to declarant's mental or physical condition, by any of the following methods:

(1) By being obliterated, burnt, torn or otherwise destroyed or defaced in a manner indicating intention to cancel;
(2) By a written revocation of the declaration signed and dated by the declarant or person acting at the direction of the declarant; or
(3) By a oral or any other expression of the intent to revoke the declaration, in the presence of a witness 18 years of age or older who signs and dates a writing confirming that such expression of intent was made.

(b) A revocation is effective upon communication to the attending physician by the declarant or by another who witnessed the revocation. The attending physician shall record in the patient's medical record the time and date when and the place where he or she received notification of the revocation.

(c) There shall be no criminal or civil liability on the part of any person for failure to act upon a revocation made pursuant to this Section unless that person has actual knowledge of the revocation.

755 ILCS 35/6: Physician Responsibilities. An attending physician who has been notified of the existence of a declaration executed under this Act, without delay after the diagnosis of a terminal condition of the patient, shall take the necessary steps to provide for written recording of the patient's terminal condition, so that the patient may be deemed to be a qualified patient under this Act, or shall notify the patient or, if the patient is unable to initiate a transfer, the person or persons described in subsection (d) of Section 3 in the order of priority stated therein that the physician is unwilling to comply with the provisions of the patient's declaration.

(755 ILCS 35/7) Sec. 7. Immunity. The desires of a qualified patient shall at all times supersede the effect of the declaration. A physician or other health-care provider may presume, in the absence of knowledge to the contrary, that a declaration complies with this Act and is valid. No physician, health care provider or employee thereof who in good faith and pursuant to reasonable medical standards causes or participates in the withholding or withdrawing of death delaying procedures from a qualified patient pursuant to a declaration which purports to have been made in accordance with this Act shall as a result thereof, be subject to criminal or civil liability, or be found to have committed an act of unprofessional conduct.

755 ILCS 35/8:
(a) Any person who willfully conceals, cancels, defaces, obliterates, or damages the declaration of another without such declarant's consent or who falsifies or forges a revocation of the declaration of another or who willfully fails to comply with Section 6 shall be civilly liable.
(b) Any person who coerces or fraudulently induces another to execute a declaration or falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of a revocation as provided in Section 5 with the intent to cause a withholding or withdrawal of death delaying procedures contrary to the wishes of the qualified patient and thereby, because of such act, directly causes death delaying procedures to be withheld or withdrawn and death to another thereby be hastened, shall be subject to prosecution for involuntary manslaughter.
(c) A physician or other health-care provider who willfully fails to notify the health care facility or fails to comply with Section 6 is guilty of engaging in unethical and unprofessional conduct in violation of paragraph (A)(5) of Section 22 of the Medical Practice Act of 1987.
(d) A physician who willfully fails to record the determination of terminal condition in accordance with Section 4, without giving the notice required by Section 6 of his unwillingness to comply with the provisions of the patient's declaration, is guilty of willfully omitting to file or record medical reports as required by law in violation of paragraph (A)(22) of Section 22 of the Medical Practice Act of 1987.
(e) A person who requires or prohibits the execution of a declaration as a condition for being insured for, or receiving, health-care services is guilty of a class A misdemeanor.
(f) The penalties provided in this Section do not displace any penalty applicable under other law.

755 ILCS 35/9: General provisions.
(a) The withholding or withdrawal of death delaying procedures from a qualified patient in accordance with the provisions of this Act shall not, for any purpose, constitute a suicide.
(b) The making of a declaration pursuant to Section 3 shall not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of death delaying procedures from an insured qualified patient, notwithstanding any term of the policy to the contrary.
(c) No physician, health care facility, or other health care provider, and no health care service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare benefit plan, non-profit medical service corporation or mutual nonprofit hospital service corporation shall require any person to execute a declaration as a condition for being insured for, or receiving, health care services.
(d) Nothing in this Act shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of death delaying procedures in any lawful manner. In such respect the provisions of this Act are cumulative.
(e) This Act shall create no presumption concerning the intention of an individual who has not executed a declaration to consent to the use or withholding of death delaying procedures in the event of a terminal condition.
(f) Nothing in this Act shall be construed to condone, authorize or approve mercy killing or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying as provided in this Act.
(g) An instrument executed before the effective date of this Act that substantially complies with paragraph (e) of Section 3 shall be given effect pursuant to the provisions of this Act.
(h) A declaration executed in another state in compliance with the law of that state or this State is validly executed for purposes of this Act, and such declaration shall be applied in accordance with the provisions of this Act.

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

Statutory Equivalent of Living Will or Declaration

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE ILLINOIS COMPILED STATUTES

DECLARATION (LIVING WILL)
(§§ 755 ILCS 35/1 through 755 ILCS 35/9)

755 ILCS 35/2: Definitions:

755 ILCS 35/3: Execution of a Document.

755 ILCS 35/5: Revocation.
(a) A declaration may be revoked at any time by the declarant, without regard to declarant's mental or physical condition, by any of the following methods:

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

Chicago Illinois Statutory Equivalent of Living Will or Declaration

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How to fill out Chicago Illinois Statutory Equivalent Of Living Will Or Declaration?

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FAQ

What makes a will invalid in Illinois?

What are the four types of advance directives?

Does a power of attorney in Illinois need to be notarized?

Does a living will have to be notarized in Illinois?

Does an Illinois living will need to be notarized?

Is advance directive the same as living will?

Do I need a lawyer for a will in Illinois?

What is an Illinois living will?

What is a living will and how does it work?

What makes a living will legal in Illinois?

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Chicago Illinois Statutory Equivalent of Living Will or Declaration

Description

Related forms

Viewed forms

How to fill out Chicago Illinois Statutory Equivalent Of Living Will Or Declaration?

Form popularity

FAQ

What makes a will invalid in Illinois?

What are the four types of advance directives?

Does a power of attorney in Illinois need to be notarized?

Does a living will have to be notarized in Illinois?

Does an Illinois living will need to be notarized?

Is advance directive the same as living will?

Do I need a lawyer for a will in Illinois?

What is an Illinois living will?

What is a living will and how does it work?

What makes a living will legal in Illinois?