What is a Living Will? 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have death-delaying procedures withheld or withdrawn in the event he or she has been diagnosed with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).
What are the advantages of a Living Will? A Living Will assures that your rights will be respected if
you are not able to actively participate in death-delaying decisions relating to your own health care due
to a physical or mental condition. Additionally, a Living Will saves your family from the burden of having
to make health care decisions about consenting to or refusing death-delaying procedures without knowing
your wishes.
Who may execute a Living Will? Any person age 18 or older who is a resident of Illinois may execute
a Living Will at any time. The Living Will document (see reverse side) must be signed by you and two (2)
independent witnesses.
Must an attorney prepare the Living Will document for you? Although Illinois law does not require
that an attorney prepare a Living Will document, you may want to consult with an attorney for additional
guidance in protecting your interests using advance directives.
When should you execute a Living Will? The best time for you to execute a Living Will is right now,
long before you anticipate anything happening to you. This will ensure that the attending physician and
your family know your wishes if you are ever in a situation where death-delaying procedures become
necessary.
When does a Living Will take effect? 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.
If the attending physician is unwilling to comply with the instructions stated in a Living Will document,
then the physician must notify his or her patient of that fact. If the patient is unable to initiate a transfer
of his or her care to another physician, then the physician is required by law to notify: (1) any person
authorized by the patient to make such arrangements, (2) the patient’s guardian, or (3) any member of
the patient’s family.
HOWEVER, a Living Will shall not be given effect so long as an agent is available who is authorized to
deal with death-delaying decisions on your behalf under a Durable Power of Attorney for Health Care.
How can a Living Will be revoked? You may revoke your Living Will by (1) burning, tearing, or
otherwise destroying or defacing the document, (2) signing a written revocation, or (3) making an oral
revocation in the presence of a witness 18 years of age or older who then puts the revocation in writing
for you.
Will your Living Will be recognized in another state? The answer depends on the laws of each
state. Although most states will recognize a Living Will, some require a document to be both witnessed
and notarized to be valid. After you execute a Living Will, you may want to sign this document in the
presence of your witnesses and a notary public to avoid any possible problems.
HOWEVER, a Living Will document which has been executed in compliance with the law of another state
will be recognized in Illinois.
Other things to consider:
(1) You should talk to your physician about your Living Will to be sure that he or she will comply with
your instructions about withholding or withdrawing death-delaying procedures.
(2) You should give the original Living Will document upon its completion (signed, witnessed, and
notarized) to your physician, and provide copies to your health care facility, hospital, lawyer,
agent under a Durable Power of Attorney for Health Care, family, or other individuals whom you
can rely on to act according to your interests and values.
(3) You may want to make a note about your Living Will on the reverse side of your driver’s license
or add a notification card to your wallet.
