Illinois Living Will Requirements
Based on 755 ILCS 35 (Living Will Act); 755 ILCS 45 Art. IV (Power of Attorney Act)
Quick Summary
- Document type: Declaration (Living Will)
- 2 witnesses required
- Notarization not required
Witness Requirements
Illinois requires 2 witnesses who are present when you sign your declaration (living will). Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be entitled to any portion of the declarant's estate according to the laws of intestate succession
- A witness cannot be entitled under any will of the declarant or other instrument taking effect at the declarant's death
- A witness cannot be directly financially responsible for the declarant's medical care
- For the Power of Attorney for Health Care: a witness cannot be the attending physician or mental health service provider, or a relative of such provider
- For the Power of Attorney for Health Care: a witness cannot be an owner, operator, or relative of an owner or operator of a health care facility where the principal is a patient
- For the Power of Attorney for Health Care: a witness cannot be a parent, sibling, or descendant of either the principal or any agent
When Your Living Will Takes Effect
Your Illinois living will becomes effective when the following conditions are met:
Terminal Illness
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.
Persistent Vegetative State
A condition that, to a reasonable degree of medical certainty, will last permanently without improvement, in which thought, sensation, purposeful behavior, and awareness of self and environment are absent, and for which initiating or continuing life-sustaining treatment provides only minimal medical benefit. (Illinois uses the term "permanent unconsciousness.")
Irreversible Condition
Illinois does not use "irreversible condition" as a separate triggering condition. The two triggering conditions are terminal condition and permanent unconsciousness.
Important Notes for Illinois
- Illinois follows the Living Will Act (755 ILCS 35) and the Power of Attorney Act Article IV (755 ILCS 45)
- Illinois maintains separate documents for the living will ("Declaration") and the Power of Attorney for Health Care
- The living will under the Living Will Act only applies to terminal conditions — permanent unconsciousness is covered by the Power of Attorney for Health Care or the Health Care Surrogate Act
- Electronic documents, signatures, and revocations are permitted under the Illinois Living Will Act
- The attending physician cannot act as agent under a health care power of attorney
- A health care facility owner or operator cannot act as agent
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.