Illinois Will Laws

  Illinois

Here you will find legal terms and their application by state as this can vary depending on where you live.

Reciprocity - The practice of exchanging things with others for mutual benefit, especially privileges granted by one country or organization to another. Certain states will limit the extent to which they honor health care directives(reciprocity) from other states, meaning they will only accept them so far as they comply with their own laws. This creates a bit of a legal grey area, however, most times it doesn't become an issue.

State Law Citation and Title

IL ST CH 755 § 5/2-1 to 5/2-9

Illinois Statutes Chapter 755, Act 5, Article II (Descent and Distribution)

State Law Statute

755 ILCS 35/1, et seq. Illinois Living Will Act

Specific Powers

Individual may execute document directing that if he is suffering from a terminal condition and no longer able to participate actively in decisions about himself, then death– delaying procedure shall not be utilized for the prolongation of his life. These procedures include any which serve to postpone the moment of death and specifically include, but are not limited to, assisted ventilation, artificial kidney treatment, intravenous feeding/ medication, blood transfusions and tube feedings, but does not include procedures providing for patients' comfort care or alleviation of pain

Revocation Duration

A living will is revocable by declarant at any time without regard to mental or physical condition by:

1. revoking in writing, signed and dated by declarant or person acting at his/her direction
2. by oral expression in presence of witness who signs and dates a written confirmation
3. by destroying the original declaration in manner indicating intent to cancel
4. revocation is effective upon communication to attending physician

Reciprocity

Declarations executed in another state in compliance with law of that state or Illinois are valid.

Transfer Unwilling

Patient is responsible to initiate transfer; if patient not able to initiate transfer then attending physician shall without delay notify person with highest priority who is available, able, and willing to make arrangements for transfer for effectuation of patients declaration

Immunity Physician

No physician, health care provider, or health care expert who in good faith and pursuant to reasonable medical standards causes or participates in withholding or withdrawal of death delaying procedure from qualified patient per declaration shall be subject to criminal or civil liability or be found to have committed an act of unprofessional conduct