Living Will Declaration (Page 2 of 3) in pdf

What is a Living Will?

A Living Will is a document in which a person can express his or her desire to have death

delaying procedures withheld or withdrawn in the event he or she is suffering from a medical

condition which the attending physician has determined to be terminal (which is defined in the

Illinois Living Will Act).

Must an Attorney Prepare the Living Will Form For You?

Although Illinois law does not require that an attorney prepare a Living Will, for proper guidance

and to protect your own interests you may choose to involve your lawyer anyway.

What are the Advantages of a Living Will?

A Living Will assures that your right and desire not to receive death delaying medical procedures

will be respected even in the event that you are no longer able, due to your physical or mental

condition, to actively participate in making those decisions. Additionally, a Living Will saves

your relatives from the burden of having to make those decisions without knowing your wishes.

When Does a Living Will Take Effect?

Under Illinois law, a properly signed and witnessed Living Will takes effect when the attending

physician of a person who has signed the Living Will records in the the patient's medical record

that the patient has been determined to have a terminal condition.

After determining that a patient has a terminal condition, if the attending physician is unwilling

to comply with the patient's wishes as expressed in his or her Living Will, the attending

physician must notify the patient of that fact. If the patient is unable to initiate a transfer of his

or her care to another physician, the attending physician is required, by law to, notify: 1) any

person authorized by the patient to make such arrangement; 2) the patient's guardian; or 3) any

member of the patient's family.

HOWEVER, if you also have a Durable Power of Attorney for Health Care, and an agent under

the Power of Attorney to act in your behalf, your Durable Power of Attorney will be given

precedence over your Living Will.

What are the Legal Requirements or Provisions?

Any person age eighteen or older who is a resident of Illinois can create a Living Will at any

time. The Living Will form must be signed by you and two (2) witnesses.

Living Will Declaration Page 2