Content Overview
Form Breakdown
| Fact Name | Description |
|---|---|
| Purpose | The Illinois Living Will form allows individuals to express their wishes regarding medical treatment in the event they become unable to communicate their preferences. |
| Governing Law | The Illinois Living Will is governed by the Illinois Compiled Statutes, specifically 755 ILCS 35. |
| Eligibility | Any adult who is at least 18 years old and of sound mind can complete a Living Will in Illinois. |
| Signature Requirement | The form must be signed by the individual creating the Living Will. It can also be signed by another person at the individual's direction and in their presence. |
| Witness Requirement | Two witnesses must sign the Living Will, confirming that the individual is of sound mind and not under duress. |
| Revocation | An individual can revoke their Living Will at any time, provided they communicate their decision clearly. |
| Healthcare Proxy | A Living Will can be used alongside a healthcare proxy, which designates someone to make medical decisions on behalf of the individual. |
| Distribution | Once completed, the Living Will should be shared with healthcare providers and family members to ensure that wishes are known and respected. |
Sample - Illinois Living Will Form
Illinois Living Will Declaration
This Living Will is made in accordance with the Illinois Compiled Statutes, Chapter 755, Act 35, concerning the use of advance directives in healthcare.
1. Declaration of Intent:
I, , residing at , being of sound mind and at least 18 years of age, hereby declare this to be my Living Will.
2. Personal Statement:
If at any time I should be diagnosed with a terminal condition or an irreversible condition, I do not wish for my life to be prolonged by any medical means, as stated in this document.
3. Preferences Regarding Treatment:
In such circumstances, I direct my physician to withhold or withdraw the following types of life-sustaining treatment:
- Cardiopulmonary resuscitation (CPR)
- Mechanical ventilation
- Nourishment and hydration via intravenous (IV) or artificial means
- Any other procedure deemed to prolong my life
4. Healthcare Proxy:
I designate the following individual as my healthcare agent to make decisions on my behalf when I am unable:
Name:
Relationship:
Address:
5. Signatures:
This declaration is signed by me on this .
Signature: ______________________
Print Name:
6. Witnesses:
This document must be witnessed by at least two individuals who are not related to me, not entitled to any part of my estate, and are present during the signing.
- Witness 1 Name:
- Witness 2 Name:
Both witnesses have signed below to affirm that I am of sound mind and that I have executed this declaration in their presence:
Witness 1 Signature: ______________________
Date:
Witness 2 Signature: ______________________
Date:
This Living Will reflects my wishes regarding medical treatment and should be honored by all healthcare providers.
Common mistakes
Filling out a Living Will in Illinois is a critical step in ensuring that one's healthcare wishes are honored. However, many individuals make common mistakes that can lead to confusion or unintended consequences. Awareness of these pitfalls can help ensure that the document accurately reflects the individual's intentions.
One frequent error is failing to clearly state the specific medical treatments one wishes to receive or refuse. A vague description can lead to misunderstandings among healthcare providers and family members. It is essential to articulate preferences regarding life-sustaining treatments, such as resuscitation or mechanical ventilation, to avoid ambiguity.
Another mistake involves neglecting to sign and date the document. A Living Will must be signed by the individual creating it. Without a signature, the document may not be considered valid. Additionally, dating the document is crucial to establish the most current wishes, especially if previous versions exist.
People often overlook the requirement for witnesses. In Illinois, two adult witnesses must sign the Living Will to validate it. These witnesses should not be related to the individual or have any financial interest in the individual's estate. Failing to meet this requirement can render the document unenforceable.
Some individuals mistakenly believe that a Living Will is the same as a power of attorney for healthcare. While both documents address healthcare decisions, they serve different purposes. A Living Will outlines specific wishes regarding medical treatment, while a power of attorney designates someone to make decisions on behalf of the individual if they are unable to do so.
Another common error is not discussing the Living Will with family members or healthcare proxies. Open communication about one's wishes can prevent confusion and conflict during difficult times. Family members should be aware of the contents of the Living Will to ensure that they respect the individual's preferences.
Individuals sometimes fail to review and update their Living Will. Life circumstances change, and so do healthcare preferences. Regularly revisiting the document ensures that it remains aligned with current wishes. It is advisable to review the Living Will after significant life events, such as marriage, divorce, or a serious health diagnosis.
People may also neglect to keep copies of the Living Will in accessible locations. It is important to provide copies to healthcare providers, family members, and anyone designated as a healthcare proxy. This ensures that the document can be easily referenced when needed.
Another mistake is not understanding the implications of the choices made in the Living Will. Individuals should take time to research and comprehend the medical treatments they are agreeing to accept or refuse. This understanding is vital to making informed decisions that reflect personal values and beliefs.
Lastly, some individuals might forget to revoke previous versions of the Living Will. If a new Living Will is created, it is essential to explicitly revoke any earlier versions to avoid potential conflicts. Clear communication with all parties involved can help prevent confusion regarding which document is currently valid.
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