Estates & Powers of attorney

If you are 18 years or older and of sound mind, A person who has full mental capabilities and is able to understand, think, and reason you can create a living will. To create a Living Will, use our Living Will Declaration program. You can also write your own Living Will. It's better to use an official form because a hospital is more likely to follow an official Living Will form that they are familiar with.

Once you have your Living Will:

• You need to sign it in front of two witnesses,
• The two witnesses also have to sign it, and
• The witnesses must be 18 years old or older.

Note: The two witnesses can't include:

• Someone responsible for your medical care, or
• Someone who will inherit property from you.

Electronic signatures are allowed on certain Living Will documents. A notary or witness A person who answers questions in court under oath must be "electronically present" to electronically sign. Electronic presence could be over a video service like Zoom or FaceTime.

A Living Will does not need to be notarized in Illinois. However, notarization may help other states accept your living will if necessary.

You can make sure people follow your Living Will by notifying them you made one.

Make copies of your Living Will and give it to the people you want to know about it. They might include your:

• Doctor,
• Health care facility,
• Hospital,
• Lawyer, Someone who represents clients in courts or who gives legal advice
• Agent under a Power of Attorney for Health Care,
• Family, or
• Any other people who you trust to follow and respect your wishes.

Everyone knows what your wishes are if you do this. Give a copy of your Living Will to your doctor as soon as possible. Your doctor needs to know that you have a Living Will and you should ask that it be included in your medical records. This makes it more likely that your doctor follows your Living Will.

Your doctor must tell you if they don't want to follow your Living Will. Your doctor then has to transfer you to a new doctor who will follow your Living Will. If you can't transfer yourself to a new doctor, your doctor must notify someone who can.

Keep a record of who you give a copy of your Living Will to. This way you know who to tell if you later decide to cancel your Living Will.

Note: If you have a power of Attorney for Healthcare, your agent does not have to follow your Living Will if they believe not doing so is in your best interest.