Most of us would prefer not to think about what might happen at the end of our lives or the associated care that might be needed. Unfortunately, every day there are many people who experience a severe medical condition that is likely to lead to death and are unable to express their wishes for the care that they want.
If there is not an advance directive (sometimes referred to as a “living will”) in place, it will be up to the person’s family members to make critical end-of-life decisions. Additionally, if the person has a long-term partner that is not a spouse or is not in a legally-recognized partnership or civil union, that loved one may have no say in these critical care decisions, even if the incapacitated person would have wanted their loved one to make decisions for them.
I help clients create advance directives/living wills so that their care wishes can be documented, and so that they can decide who should have the legal authority to make care decisions on their behalf. Advance directives are a critical part of all estate plans, so if you choose to work with me as your estate planning attorney, I will create an advance directive for you.
Call 708-279-4050 or fill out the form on this page to learn how I can help you prepare a plan that protects your voice in health care decisions.
In the interim, the remainder of this page discusses advance directive matters in Illinois.
An advance directive is a legal document that sets forth a person’s wishes for health care if the person cannot express their wishes due to their medical condition. Through an Illinois advance directive, a person can:
Illinois recognizes several types of advance directives, including living wills, powers of attorney for health care, and mental health treatment declarations1[RH5.1].
A living will is one form of an advance directive. In Illinois, a living will is governed by the Illinois Living Will Act. It applies when a person has a terminal condition and cannot express their wishes for end-of-life care. A living will typically addresses whether life-sustaining treatment should be withheld or withdrawn.
An advance directive, on the other hand, is a broader term. It includes not only living wills but also powers of attorney for health care and other legal instruments. While a living will applies in very specific end-of-life situations, a health care power of attorney allows a person to appoint someone else if the person becomes incapacitated during another time in their life and cannot express their health care wishes.
Without an advance directive, your family may face stressful uncertainty in a medical crisis. Loved ones may disagree on treatment decisions, or doctors may be forced to seek guidance under the Illinois Health Care Surrogate Act, which establishes a statutory list of who may act as a decision-maker. This process can delay critical care and may not align with your true wishes.
By working with an Illinois advance directive lawyer, you ensure that:
Call 708-279-4050 to learn how I can help you prepare a plan that protects your voice in health care decisions.
In Illinois, most advance directives do not require notarization. Instead, they typically must be signed by the individual and witnessed by at least one adult who is not a relative, health care provider, or potential heir. However, notarization may still be helpful for evidentiary purposes. As an Illinois advance directive attorney, I can ensure that your documents are executed correctly under Illinois law.
What Are the Different Types of Advance Directives in Illinois?
Each type of directive serves a unique purpose. When we meet, I will explain which documents are appropriate for your needs.
If you do not have an advance directive and become incapacitated, Illinois law allows a “surrogate decision-maker” to act on your behalf under the Health Care Surrogate Act2[RH6.1]. The statute provides a priority list, starting with a guardian, then spouse, adult children, parents, siblings, and so on. The statute does not consider partners who are not married or in a civil union.
The problem is that this default system may not reflect your wishes. You may not want certain relatives making decisions for you. In addition, multiple family members with equal priority may disagree, leading to delays and conflict. Creating an advance directive ensures your preferences are followed.
The cost of preparing an advance directive or living will in Illinois is modest compared to the peace of mind it provides. At RNH Law, most advance directives are prepared as part of a fixed-fee estate planning package, which may include a will, trust, and/or other planning documents.
I provide free consultations so you know your options and costs upfront before committing.
Illinois does provide statutory forms for advance directives, but these one-size-fits-all templates often do not account for eveyone’s personal circumstances. Common problems with relying only on forms include:
An advance directive attorney ensures that your documents are clear, enforceable, and integrated with your will, trust, and powers of attorney.
Your health care choices should never be left to chance. As an advance directive attorney serving Joliet, Frankfort, and Will County, I will help you prepare documents that protect your wishes and ease the burden on your family.
Call 708-279-4050 today to schedule your free consultation with an Illinois living will lawyer.
Please call me at (708) 279-4050 or fill out this form for a FREE Consultation.
Disclaimer: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. We will not be taking any action on your behalf unless and until a written representation agreement is signed by you and our firm.