Living Will in Illinois

A living will—formally known in Illinois as a Declaration under the Illinois Living Will Act—is a legal document that allows you to express your wishes regarding life-sustaining medical treatment in the event you are diagnosed with a terminal condition or are in a state of permanent unconsciousness and can no longer communicate your decisions. While often confused with a last will and testament, a living will has nothing to do with property distribution. Instead, it provides critical guidance to your doctors, family members, and healthcare agents about the type of medical care you want—or don’t want—when you are unable to speak for yourself.

What Is a Living Will Under Illinois Law?

The Illinois Living Will Act (755 ILCS 35/) establishes the legal framework for living wills in the state. Under this statute, any competent adult (age 18 or older and of sound mind) may execute a declaration directing that death-delaying procedures be withheld or withdrawn if they are diagnosed with a terminal condition. The statute provides a specific form, though individuals may customize their declarations to address their particular wishes. A living will in Illinois becomes operative when two conditions are met simultaneously: the patient has a qualifying medical condition (terminal illness or permanent unconsciousness) and the patient is unable to communicate their own treatment decisions.

Any person of sound mind who has reached the age of majority may execute a declaration directing that if the declarant should have a terminal condition, death-delaying procedures shall be withdrawn or withheld from the declarant in accordance with the provisions of this Act.

755 ILCS 35/3 — Illinois Living Will Act

Living Will vs. Healthcare Power of Attorney

A living will and a healthcare power of attorney are complementary but distinct documents. A living will provides specific instructions about end-of-life care that take effect only in terminal or permanently unconscious conditions. A healthcare power of attorney designates a person (your agent) to make healthcare decisions on your behalf for any medical situation where you cannot communicate. Most estate planning attorneys recommend having both documents to provide the broadest possible protection.

When Does a Living Will Take Effect?

A living will does not take effect immediately upon signing. It remains dormant until specific medical conditions are met. Understanding these activation requirements is essential to knowing what your living will can and cannot do.

You Must Have a Qualifying Medical Condition

The living will applies only when you have been diagnosed with a terminal condition (an illness or injury from which there is no reasonable prospect of recovery and which, without life-sustaining treatment, would result in death within a relatively short time) or a state of permanent unconsciousness (a condition in which thought, sensation, purposeful behavior, and awareness of self and environment are absent, with no reasonable possibility of recovery).

The Diagnosis Must Be Confirmed by Your Attending Physician

Your attending physician must determine that you have a qualifying terminal condition or are permanently unconscious. In most cases, this diagnosis should be confirmed by at least one additional physician to ensure accuracy. The determination must be documented in your medical record before the living will can be acted upon.

You Must Be Unable to Communicate Your Own Decisions

The living will activates only when you cannot make or communicate your own treatment decisions. If you are conscious, competent, and able to express your wishes—even if you have a terminal condition—your direct communications take precedence over any written directive. The living will serves as your voice when you can no longer speak for yourself.

Your Healthcare Team Must Be Aware of the Declaration

For your living will to be followed, your healthcare providers must know it exists. Ensure copies are provided to your primary care physician, your hospital (if admitted), your healthcare power of attorney agent, and close family members. Many people also register their living will with the Illinois Secretary of State’s Advance Directive Registry, which provides 24/7 electronic access for healthcare providers.

What a Living Will Can and Cannot Cover

Illinois law allows you to specify your wishes about several categories of medical treatment. Understanding what you can address in your living will helps you make informed decisions about each element of your end-of-life care.

Treatment Decisions You Can Address

What it includes: Mechanical ventilation (breathing machines), dialysis, surgery performed to extend life rather than cure, blood transfusions, administration of antibiotics or other medications intended to keep you alive rather than provide comfort, and similar interventions.

Your options: You can direct that all life-sustaining treatments be withheld or withdrawn if you have a terminal condition, or you can specify that certain treatments should continue while others are stopped. For example, you might choose to decline mechanical ventilation but accept antibiotics for comfort.

How to Create a Valid Living Will in Illinois

Creating a legally valid living will in Illinois requires following specific statutory requirements. While the process is not complicated, attention to detail ensures your document will be honored when needed.

Reflect on Your Values and Wishes

Before putting anything in writing, take time to consider what quality of life means to you, what medical conditions you would find unacceptable, whether your religious or spiritual beliefs influence your views on end-of-life care, and what you have seen in family members’ or friends’ end-of-life experiences that shaped your preferences. Having these conversations with your family and your healthcare power of attorney agent before formalizing your living will ensures that everyone understands your wishes and the reasoning behind them.

Draft Your Declaration

You can use the statutory form provided in the Illinois Living Will Act (755 ILCS 35/3) or a customized form that addresses your specific wishes. The statutory form is legally sufficient but relatively basic. Many estate planning attorneys recommend a more detailed directive that addresses specific treatment categories individually, provides guidance for situations not covered by the statutory language, and incorporates your personal values and priorities.

Sign the Declaration in the Presence of Two Witnesses

Illinois law requires the living will to be signed by the declarant (you) and witnessed by two adults. The witnesses must be at least 18 years old, must not be the person designated to make healthcare decisions for you, and should not be your attending physician or an employee of your attending physician. While Illinois does not require notarization for a living will, having it notarized adds an additional layer of authentication that can prevent challenges.

Distribute Copies to Key Individuals

Provide copies of your living will to your attending physician (for inclusion in your medical record), your healthcare power of attorney agent, your spouse or partner, your adult children or other close family members, and any hospital or care facility where you receive treatment. Keep the original in a safe but accessible location—not in a safe deposit box, which may be difficult to access in an emergency.

Register with the Illinois Advance Directive Registry (Optional)

The Illinois Secretary of State maintains an Advance Directive Registry that stores electronic copies of your living will and healthcare power of attorney. Healthcare providers can access the registry 24/7 to verify your directives. Registration is free and provides an additional safeguard that your wishes will be available when needed, especially in emergency situations when paper copies may not be immediately accessible.

Living Will vs. Other Advance Directives in Illinois

Illinois recognizes several types of advance directives, each serving a different purpose. Understanding how they work together helps you create comprehensive healthcare planning documents.

Document	Purpose	When It Takes Effect	Scope of Authority
Living Will (Declaration)	Specifies treatment wishes for end-of-life situations	Terminal condition or permanent unconsciousness + inability to communicate	Limited to life-sustaining treatment decisions as specified
Healthcare Power of Attorney	Designates an agent to make healthcare decisions	Any situation where you cannot make or communicate decisions	Broad—covers all healthcare decisions unless specifically limited
POLST Form	Creates actionable medical orders honored by emergency personnel	Immediately upon completion (active medical orders)	Specific treatments: CPR, intubation, antibiotics, artificial nutrition
Mental Health Treatment Declaration	Specifies preferences for mental health treatment	During psychiatric crisis when you cannot make decisions	Limited to mental health treatment decisions
HIPAA Authorization	Allows designated individuals to access medical information	Immediately upon execution	Access to protected health information only—not treatment decisions

The Recommended Approach: Use Multiple Documents Together

The most comprehensive approach is to have all applicable advance directives in place: a living will for end-of-life treatment preferences, a healthcare power of attorney for a designated decision-maker, a HIPAA authorization for information access, and a POLST form (if you have a serious illness or are elderly) for emergency medical orders. These documents work together to ensure your wishes are known and followed in every possible scenario. An experienced estate planning attorney can help you create a coordinated set of advance directives.

Revoking or Changing Your Living Will

You can revoke or change your living will at any time, as long as you are competent to do so. Illinois law provides several methods of revocation:

You can revoke your living will by executing a written revocation signed and dated by you. The written revocation should be provided to everyone who has a copy of the original declaration, including your physician, healthcare agent, family members, and any care facility. This is the most formal and clearly documented method of revocation.

You can revoke your living will by orally stating your intention to revoke it to your attending physician or other healthcare provider. The revocation becomes effective upon communication and should be documented in your medical record. While oral revocation is legally valid, it can be more difficult to verify and communicate to all relevant parties. If possible, follow up with a written revocation.

Tearing, burning, or otherwise destroying the physical document constitutes revocation. However, this method only destroys the copy in your possession—other copies may still exist with physicians, family members, or in the Advance Directive Registry. Physical destruction should be accompanied by written notice to all holders of copies.

Creating a new living will that conflicts with the previous one effectively revokes the earlier document. The new declaration should explicitly state that it replaces all prior living wills. Always date your living will so the most recent version can be easily identified.

Verbal Wishes May Override a Living Will

Under Illinois law, if you are conscious and able to communicate, your direct verbal instructions to your healthcare providers take precedence over your written living will, even if your verbal wishes contradict the document. This means that if you change your mind about treatment while conscious and competent, your doctors must follow your current wishes regardless of what your living will says. However, once you can no longer communicate, the written declaration controls.

Common Questions About Illinois Living Wills

Most states have reciprocity provisions that honor advance directives from other states, and the Uniform Rights of the Terminally Ill Act provides a general framework for interstate recognition. However, there is no absolute guarantee. If you travel frequently or spend significant time in another state (such as seasonal residents), consider executing advance directives that comply with both states’ laws. Many people maintain a set of advance directives for each state where they spend significant time.

Generally, no. Your living will expresses your legally binding wishes, and healthcare providers who follow your directive in good faith are protected from liability under Illinois law. However, disputes can arise if family members disagree with your directive or question its validity. Clear communication with your family about your wishes, proper execution of the document, and designation of a healthcare power of attorney agent who will advocate for your choices all help minimize the risk of family interference.

Absolutely not. A living will only addresses life-sustaining treatment in terminal or permanently unconscious conditions. You will continue to receive all other medical care, including comfort care, pain management, hygiene, and emotional support. The purpose is not to deny care but to prevent unwanted prolongation of dying when there is no reasonable hope of recovery.

Illinois law does not require an attorney to create a living will. You can use the statutory form and complete it yourself. However, an experienced estate planning attorney can help you understand the implications of each choice, customize the document to address your specific wishes, ensure the document is properly executed and distributed, and coordinate your living will with your other advance directives and estate planning documents. Given the critical nature of end-of-life decisions, professional guidance is strongly recommended.

Under the Illinois Living Will Act, a physician who is unable or unwilling to comply with a patient’s declaration must take all reasonable steps to transfer the patient’s care to another physician who will honor the directive. The transferring physician must continue to provide care until the transfer is completed. A physician who fails to comply with the act or to arrange a transfer may be subject to professional discipline.

If you wish to be an organ donor, your living will should be coordinated with your donation preferences. In some cases, life-sustaining treatment may need to continue temporarily to preserve organ viability for transplantation. Your living will can include language acknowledging this and authorizing temporary continuation of treatment solely for the purpose of organ donation. Discuss this with your attorney and your healthcare agent to ensure your documents are consistent.

Illinois POLST: An Important Companion to Your Living Will

The Physician Orders for Life-Sustaining Treatment (POLST) form is a medical order (not a legal directive) that translates your end-of-life wishes into actionable orders recognized by all healthcare providers, including paramedics and emergency responders. Unlike a living will, which requires interpretation, a POLST provides clear, immediately actionable instructions about CPR, intubation, antibiotics, artificial nutrition, and other treatments.

A POLST is typically recommended for individuals with serious illness, advanced frailty, or limited life expectancy, rather than for healthy adults. The form must be completed in consultation with your physician and signed by both you (or your healthcare agent) and your physician. The POLST is printed on a distinctive bright-colored form and should be kept readily accessible (often on the refrigerator or near the front door) so that emergency personnel can find it quickly.

Illinois Living Will: Essential Points

A living will directs healthcare providers to withhold or withdraw life-sustaining treatment if you have a terminal condition or are permanently unconscious and cannot communicate
The document must be signed by you and witnessed by two adults; notarization is recommended but not required
A living will only takes effect when you have a qualifying medical condition and cannot communicate your own decisions—your verbal wishes always take precedence when you can speak
Living wills work best when combined with a healthcare power of attorney, HIPAA authorization, and (if appropriate) a POLST form
Distribute copies to your physician, healthcare agent, family members, and care facilities; consider registering with the Illinois Advance Directive Registry
Review and update your living will periodically and after any significant health changes or shifts in your values and preferences
You can revoke your living will at any time through written, oral, or physical destruction methods

Create Your Living Will Today

Creating a living will is one of the most important steps you can take to ensure your medical wishes are honored and to relieve your loved ones of the burden of making difficult decisions without guidance. While no one enjoys contemplating end-of-life scenarios, having clear documentation of your preferences provides peace of mind for both you and your family.

Our firm helps Illinois residents create comprehensive advance directive packages that include living wills, healthcare powers of attorney, HIPAA authorizations, and other documents tailored to your specific values and circumstances. We take the time to explain each option, answer your questions, and ensure your documents are properly executed and distributed. Schedule a consultation to discuss your advance care planning needs and take this critical step toward protecting yourself and your family.