Illinois Durable Power of Attorney Laws
Created by FindLaw's team of legal writers and editors | Last reviewed March 08, 2021
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
While "living wills" are legally binding documents that indicate whether you wish to remain on life support after a serious illness or accident, the durable power of attorney grants authority to a named invidual to act according to these wishes should you become incapacitated. Illinois durable power of attorney laws cover these types of scenarios and may also extend beyond a patient's death to permit an organ donation or to direct how one's remains are to be disposed of.
The key points of Illinois durable power of attorney laws are listed in the table below. See Power of Attorney for Healthcare and Living Wills for a general introduction and comparison of the two.
| Code Section | 755 ILCS 45/4-1: Powers of Attorney for Health Care Law |
| Specific Powers, Life-Prolonging Acts | Health care powers may be delegated to an agent and include consent or refusal or withdrawal of any type of health care for individual. May extend beyond principal's death if necessary to permit anatomical gift, autopsy, or disposition of remains |
| Legal Requirements for Durable Power of Attorney | Neither attending physician nor health care provider may act as agent (statutory short form at 45/4-10). Living will not operative as long as properly authorized agent is available. |
| Revocation of Durable Power of Attorney | Revocable at any time by principal without regard to mental or physical condition by (1) written revocation signed and dated; (2) oral expression in presence of witness who signs and dates a written confirmation; (3) destruction of power of attorney in manner indicating intent to revoke |
| Validity from State-to-State | - |
| If Physician Unwilling to Follow Durable Power of Attorney | Agent responsible for transfer after being promptly informed by attending physician of his refusal or failure to comply, but attending physician must afford all reasonably necessary consultation and care in connection with transfer |
| Immunity for Attending Physician | No civil, criminal, or professional liability if good faith reliance on any decision or direction by agent not clearly contrary to terms of a health care agency |
Note: State laws are constantly changing -- contact an Illinois estate planning attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
- Illinois Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Illinois Durable Power of Attorney Laws: Related Resources
Next Steps: Search for a Local Attorney
Contact a qualified attorney.