What Are Advance Health Care Directives in Illinois?

If you become too ill to speak for yourself, advance directives let you state your medical preferences and appoint someone to act on your behalf. These directives help you make decisions now about your future care.

Types of Advance Directives in Illinois

In Illinois, you may create four types of advance directives: a Health Care Power of Attorney, a Living Will, a Mental Health Treatment Preference Declaration, and a Do-Not-Resuscitate (DNR)/Practitioner Orders for Life-Sustaining Treatment (POLST). Discuss your choices with your family, health care professional, and attorney. The sections below outline each type to help you decide which directives you may need.

Health Care Power of Attorney

This directive allows you to appoint an “agent” to make health care decisions if you cannot. You may also name backup agents in case your primary agent is unavailable. You cannot choose your health care provider as your agent, and your agent cannot witness your Health Care Power of Attorney. The directive remains in effect until your death or recovery from disability. Any changes must be made in writing.

You can leave instructions regarding treatments you want or wish to avoid. Religious or personal beliefs can guide your agent’s decisions. Our attorneys provide guidance to ensure your values are reflected in your directives.

Living Will

A Living Will takes effect if you are terminally ill and unable to make decisions. It instructs your health care provider on whether you want death-delaying procedures. Food and water cannot be withdrawn if doing so would directly cause death. Special considerations apply if you are pregnant. If you have both a Health Care Power of Attorney and a Living Will, your agent makes health care decisions unless unable to do so.

Mental Health Treatment Preference Declaration

This directive specifies your preferences for mental health treatment or admission to a mental health facility when you cannot make decisions. You can appoint an “attorney-in-fact” to act on your behalf, who must accept in writing before making decisions. Your attorney-in-fact must follow your instructions unless an emergency or court order overrides them.

The directive expires after three years but can be canceled in writing if you are not receiving treatment. If the expiration occurs during treatment, it automatically extends until the end of care.

Do-Not-Resuscitate (DNR) / POLST

This directive includes DNR orders and POLST, which set instructions for life-sustaining treatment. A DNR prevents cardiopulmonary resuscitation (CPR) if your heart or breathing stops. POLST provides broader treatment instructions. If your DNR/POLST meets requirements, it can be entered into your medical records, including your signature, a witness, and your attending practitioner.

Storing and Sharing Your Advance Directives

After creating your advance directives, store the original in your personal records. Provide copies to family members, especially those named as your Health Care Power of Attorney. Give copies to your health care providers for your medical file and to your estate planning attorney for safekeeping.

Why Advance Directives Matter

Advance directives reduce stress for your loved ones. Without them, a health care “surrogate” would guess your wishes. Writing down your preferences ensures your agent makes decisions that reflect your values.

Estate planning and advance directives require careful thought. Discuss your decisions with family, health care professionals, and your attorney. Conversations with everyone involved make it easier to honor your wishes.

Our staff offers compassionate guidance throughout the planning process to ensure your wishes are understood. If you want to create Advance Directives or start your Estate Plan, contact our office today.

The content of this article is for information purposes only and should not be construed as legal advice.