Free Illinois Living Will Form

The living will form in Illinois (also known as ‘Declaration’) is a legal document that brings to life the last preferences of a patient in the event of one’s terminal illness or one’s terminal injury. The aim of this paper is to outline your choices concerning life support methods. It will provide physicians with instructions in case you are unable to give them in person due to your illness or condition. For example, in the case of a coma, when the only thing the doctor can do is prolong the patient’s life, but not awaken or cure them. But pay attention to the fact that if you have also completed the Power of Attorney and any clauses of the declaration contradict it, the declaration will be considered first, as stated in §755:35/1 of Illinois State Law.

illinois living will form

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Signing Requirements and Laws

According to §755 ILCS 35/1, any person who has reached the age of 18 (or has a status of emancipated person), is in one’s right mind, and registered in Illinois can make a will. To make a will, you must have two witnesses who will sign it as well. Witnesses cannot be those who, in the event of your death, will become the heirs of your fortune and the people responsible for your treatment. The restrictions also apply to any guardians and agents.

The signing process is to take place in front of two witnesses.

It’s important to notify your relatives and the doctor about your living will. The doctor will file it with your records.

The doctor will begin to carry out your orders under the Living Will in the following cases:

  • if the doctor confirms that you are in a near-death state;
  • if you cannot tell the doctor more than your wishes.

If the doctor cannot fulfill your wishes in the will, you should contact someone else. Since the document is completely legal, the doctor will be prosecuted for failure to comply with the instructions given in this document.

Your preferences expressed in the living will not be fulfilled if:

  • you are pregnant and the fetus can be born;
  • you can speak;
  • you are not unconscious.

Illinois Living Will Form Details

Document Name Illinois Living Will Form
State Form Name Illinois Living Will Act
Signing Requirements Two Witnesses
Validity Requirements Chapter 755, Section 35/3(b and c)
Specific Powers Chapter 755, Section 35/2(d)
Avg. Time to Fill Out 13 minutes
# of Fillable Fields 48
Available Formats Adobe PDF; Microsoft Word
State Laws: Illinois Compiled Statutes, Chapter 755, Section 35

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Steps to Fill Out the Form

To create the Living Will Form in Illinois, a declarant has to complete some vital steps:

1. Download the form

You can download the Living Will Form in PDF format. There is also a second way to fill out the form online: use our Online Forms Building Software to fill out the Living Will form avoiding mistakes.

2. Input essential info

Fill in the spaces for the date and full name with the necessary information at the top of the document.

Next, you need to read two paragraphs of information. If you fully agree with them, you must specify the following information at the bottom of the document: the name of the city, the name of the country, and the name of the state in which you are registered. Then you should sign it in front of 2 witnesses.
Part for essential information of a living will form for Illinois

3. Give the Living Will to the witnesses to sign

The second part of the document is devoted to 2 witnesses. After reading and giving the agreement to the items mentioned here, they should put their signatures in the special blanks.
Witnesses signatures section of illinois living will template

4. Notarize (optional)

If you want to attach even more importance to documents, then you should notarize it. Also, your preferences expressed in this document will be fulfilled with a higher probability if you go to a hospital in another state.

Published: May 22, 2022
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.