Free Illinois Advance Directive & Living Will

Build a complete Illinois advance directive in minutes — free, no account. Name a health care agent, record your end-of-life wishes, and download a ready-to-sign PDF with Illinois's correct signing requirements.

A free directive — not legal or medical advice.

This builds a Illinois advance directive: it names a health care agent to decide for you and records your end-of-life wishes. It works only when you sign it as Illinois requires (see the signing steps). RecordingLaw.com is not a law firm.

About you

Your health care agent

The person who will make medical decisions if you can't speak for yourself — the most important choice.

Note: in Illinois, your agent cannot be Under the Power of Attorney for Health Care (755 ILCS 45/4-5), the attending physician or other health-care provider actually administering care to the patient may NOT act as the patient's health care agent (a physician not treating the patient may serve).

Your end-of-life wishes

If you are terminally ill or permanently unconscious with no recovery expected.

If I am dying and will not recover, I want:

Note: Illinois law may suspend these wishes during pregnancy.

Other wishes (optional)

Before you sign — Illinois notes

This directive has NO legal effect until you sign it. To make it valid in Illinois: Illinois splits the document: a Living Will needs two adult witnesses (no notary, no estate-heir witnesses); a Power of Attorney for Health Care needs only one qualified witness (not your doctor/provider, facility owner, close relative, or your agent). Notarization is not required for either. Use the statutory living-will form (755 ILCS 35/3) and/or the statutory health-care POA short form (755 ILCS 45/4-10).

Witness rules: a witness must NOT be DIFFERS BY DOCUMENT. Living Will (755 ILCS 35/3): two adult witnesses, neither of whom may sign as a witness if entitled to any portion of the declarant's estate or financially responsible for care (must be of sound mind, 18+); notary not required. Power of Attorney for Health Care (755 ILCS 45/4-5.1): only ONE witness required, but that witness may NOT be: the attending physician/mental-health provider or their relative; an owner/operator (or their relative) of a health-care facility where the principal is a patient; a parent, sibling, descendant or spouse thereof of the principal or any agent; or the agent/successor agent.

Your agent cannot be Under the Power of Attorney for Health Care (755 ILCS 45/4-5), the attending physician or other health-care provider actually administering care to the patient may NOT act as the patient's health care agent (a physician not treating the patient may serve).

Pregnancy: Illinois law may suspend your living-will instructions while you are pregnant. Yes (Living Will Act). 755 ILCS 35/3(c): a living-will declaration of a qualified patient diagnosed as pregnant by the attending physician 'shall have no effect during the course of the qualified patient's pregnancy' so long as, in the attending physician's opinion, the fetus could develop to the point of live birth with continued death-delaying procedures.

Illinois also publishes an official statutory directive form (Living will declaration form in 755 ILCS 35/3; statutory short-form Power of Attorney for Health Care in 755 ILCS 45/4-10); this document is a valid alternative that covers the same ground.

After signing, give copies to your agent, your alternate, and your doctor, and keep the original somewhere accessible. An advance directive is not filed with a court.

This is a general-purpose directive and is not legal or medical advice. For complex wishes, a serious illness, or detailed treatment limits, talk to your doctor and an estate-planning attorney. RecordingLaw.com is not a law firm.

Enter your name and your agent's name to download.

Or email yourself a copy (PDF)

Advance Health Care Directive of [YOUR FULL NAME]

PART I — DECLARATION

I, [YOUR FULL NAME], of [CITY], Illinois, being of sound mind, make this Advance Health Care Directive to state my wishes for my medical care and to appoint a person to make health care decisions for me if I cannot make them myself. I revoke any prior advance directive, living will, or health care power of attorney I have made.

PART II — MY HEALTH CARE AGENT

I appoint [AGENT NAME] as my health care agent.

My agent's authority takes effect when my attending physician determines that I am unable to make my own health care decisions, and ends if I regain that ability.

My agent may make any health care decision I could make, including consenting to, refusing, or withdrawing any medical care, treatment, or procedure; choosing and changing my doctors and care facilities; and arranging for my comfort and pain relief. My agent must follow my wishes as stated in this document and otherwise act in my best interest.

I authorize my agent to obtain and review my medical information, and I make my agent my personal representative under the Health Insurance Portability and Accountability Act (HIPAA) for that purpose.

PART III — LIVING WILL — MY END-OF-LIFE WISHES

If I am terminally ill, permanently unconscious, or in an end-stage condition with no reasonable expectation of recovery, I do NOT want life-sustaining treatment (such as CPR, a ventilator, or dialysis) that would only prolong the process of dying. I direct that such treatment be withheld or withdrawn and that I be allowed to die naturally, receiving only care for my comfort.

I do NOT want artificially administered nutrition and hydration if it would serve only to prolong the process of dying.

Regardless of my other choices, I always want to be kept as comfortable and free of pain as possible, even if medication to relieve my pain may hasten my death.

Note about pregnancy: under Illinois law, this living-will instruction may be limited or suspended if I am pregnant. Yes (Living Will Act). 755 ILCS 35/3(c): a living-will declaration of a qualified patient diagnosed as pregnant by the attending physician 'shall have no effect during the course of the qualified patient's pregnancy' so long as, in the attending physician's opinion, the fetus could develop to the point of live birth with continued death-delaying procedures.

PART IV — GENERAL PROVISIONS

This directive is governed by the laws of Illinois and is intended to be effective in any place where I may be. A copy of this directive has the same effect as the original. I may revoke it at any time by notifying my agent or health care provider, orally or in writing.

If any part of this directive is held invalid, the rest remains in effect. My health care providers and agent who act in good faith reliance on this directive are protected to the fullest extent of the law.

SIGNATURE

I sign this Advance Health Care Directive willingly, on this _____ day of ____________, 20____, at [CITY], Illinois.

____________________________________

[YOUR FULL NAME], Principal

WITNESSES — Each of us declares that the principal signed this directive in our presence, appeared to be of sound mind and free from duress, that we are each at least 18 years old, and that we are not disqualified from witnessing under this state's law (see the signing instructions for who may not witness).

Witness 1: ____________________________ Address: ____________________________

Witness 2: ____________________________ Address: ____________________________

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