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Illinois Living Will Act Declaration

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An Illinois living will, also known as a ‘declaration’, is a form that allows a Declarant (Principal) to direct, in writing, their personal decisions with regard to how they would like to have their medical care recognized when they are met with an end of life medical condition. This document will allow the declarant the opportunity to state their end of life desires without the desires of friends or family who may be unable to cope with the decision making process. If at any point the declarant does not feel that they understand the document, they may wish to consult with an attorney prior to completion. This document may be revoked at any time as long as the declarant is of sound mind to do so.

Definition – 755 ILCS 35/2(b)

Laws – 755 ILCS 35

Medical Power of Attorney – A durable form which allows for a surrogate to act in your best interests for health care matters in case you cannot speak for yourself to medical staff.

How to Write

Step 1 – Naming the Declarant – Enter the following information at the top of the document:

  • Date the document in dd/mm/yyyy format
  • In the next line, enter the full legal name of the declarant

Step 2 – Declarant Review of Statements – The Declarant (Principal) must carefully review the next two paragraphs entirely. If the declarant feels that they are in complete understanding and agreement, enter the following:

  • The signature of the Declarant
  • City, County, and State Residence

Step 3 – Witness Review of Statement and Signatures – This document requires the witness and signatures of two (2) witnesses. The witnesses must carefully review the statement. If both witnesses agree with the statement, then they must enter:

  • Signatures of both witnesses

This document does not require notarization unless otherwise chosen by the Declarant/Principal.