Medical power of attorney in Illinois: how it works, how to sign
The short answer
In Illinois, a power of attorney for health care names someone to make medical decisions when you can't. You sign it before one adult witness, and no notary is needed. If you name nobody, the law turns to a guardian, then your spouse, adult children, parents, siblings, grandchildren, and then a close friend.
The question under every medical power of attorney is a simple one. If you can't speak for yourself, who talks to the doctor?
Illinois calls the document a "power of attorney for health care." This page covers how to sign one, who can't be your witness, how a living will fits in, and what happens if you name nobody. It is part of our estate planning guides by state. For the basics of the role, see what a medical power of attorney is.
How do I sign a health care power of attorney in Illinois?
Illinois keeps the signing light. You sign the document, and one adult witness signs too (755 ILCS 45/4-5.1).
No notary is needed. The state's own form says, "There is no need to have the form notarized" (755 ILCS 45/4-10). Electronic signatures are allowed.
Illinois offers the "Illinois Statutory Short Form Power of Attorney for Health Care." It is optional, and other forms are allowed. Many people use it because doctors and hospitals recognize it.
That is lighter than the Illinois financial power of attorney, which needs a witness and a notary. Our Illinois power of attorney guide covers that document.
Who can't be my witness?
The witness must be an adult, and several people are ruled out (755 ILCS 45/4-5.1):
| Person | Can be your witness? |
|---|---|
| Anyone under 18 | No |
| Your attending physician, APRN, physician assistant, dentist, podiatric physician, optometrist or psychologist, or their relatives | No |
| An owner or operator of a health care facility where you are a patient or resident, or their relatives, directors or executive officers | No |
| Your parent, sibling or descendant, or the spouse of any of them | No |
| The parent, sibling or descendant (or their spouse) of your agent or backup agent | No |
| Your agent or backup agent | No |
| A friend or neighbor who is none of the above | Yes |
The easiest witness for most people is a neighbor or friend who isn't related to you or your agent.
There is also a limit on who can be your agent. Your attending physician, or any other health care provider treating you, can't serve (755 ILCS 45/4-5).
What can my agent decide, and can I change my mind?
Your agent makes the health care decisions you would make if you could, within the limits you write. In day-to-day terms, that usually means talking with your doctors, reading your chart, and agreeing to or declining a test, surgery or new medicine in light of your wishes.
Your agent is a fiduciary: legally required to act in your interest and follow what you wrote.
You can revoke the document at any time, whatever your mental or physical condition (755 ILCS 45/4-6). The one exception is if you chose a 30-day delay on revocation when you signed.
Do I need a living will too?
Many people sign both. A health care power of attorney names a person. A living will writes down your wishes, so that person isn't guessing.
Illinois has a separate Living Will Act. An adult of sound mind may sign a declaration that death-delaying procedures not be used if they have a terminal condition (755 ILCS 35/3).
The signing rule is different from the health care power of attorney. A living will needs two witnesses, each 18 or older. On the optional state form, each witness states they wouldn't inherit from you and aren't directly paying for your medical care. A living will has no effect during a pregnancy if the fetus could develop to live birth with continued treatment.
Our post on health care power of attorney vs living will explains how the two work together, and treatment preferences helps you think through what to write.
Who decides if I haven't named anyone?
Illinois law picks for you, under the Health Care Surrogate Act. The provider first looks for an agent under a health care power of attorney. If none is available, the attending physician identifies a surrogate in this order (755 ILCS 40/25):
| Order | Who can decide |
|---|---|
| 1 | Your guardian of the person |
| 2 | Your spouse |
| 3 | Any adult son or daughter |
| 4 | Either parent |
| 5 | Any adult brother or sister |
| 6 | Any adult grandchild |
| 7 | A close friend |
| 8 | Your guardian of the estate |
| 9 | A temporary custodian under the Juvenile Court Act, if the court gave that authority |
Can a close friend serve? Yes, at seventh, after grandchildren. The friend must be 18 or older and have shown special care and concern for you (755 ILCS 40/10). They must also give your doctor a signed affidavit. It says they are a close friend, are willing and able to be involved, and have kept regular contact, so they know your health and your religious and moral beliefs.
When several people share a level and disagree, a majority of those available decides. A decision to stop life-sustaining treatment carries extra safeguards, including a second practitioner's agreement that you lack capacity.
Notice where the close friend sits. A grandchild in college ranks ahead of the friend who has driven you to every appointment for ten years. Naming that friend as your agent moves them to the front, with no affidavit needed.
Our tool who decides for me shows how this works in your state, and the 50-state guide to default decision-makers has the full comparison.
Here is a typical case, a composite. Patricia is 73, divorced, and lives in Peoria. Her brother lives in Florida. Her friend Carol has a key, knows her doctors and knows what she would want. Patricia names Carol as her health care agent and her brother as backup, and asks a neighbor to witness.
How do I choose my agent?
The practical questions matter most. Is the person willing? Can they get to the hospital? Will they follow your wishes even when they'd choose differently?
A short checklist:
- They know what you want, because you've told them.
- They can stay calm in a hospital hallway and ask questions.
- They live close enough, or can travel when needed.
- You've named a backup in case they can't. Our post on having a backup in every role explains why.
Our post on how to choose a medical power of attorney has more questions to ask.
Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and Trella Trust Company can be named in the role, first or as the backup to someone you choose.
Once your health papers are done, our Illinois probate guide covers what happens to your home and savings later.
Common questions
Does a medical power of attorney need to be notarized in Illinois?
No. An Illinois power of attorney for health care needs your signature and one adult witness. The state form says there is no need to have it notarized.
Can a family member witness my Illinois health care power of attorney?
Not a close one. Your parent, sibling or descendant (or their spouse) can't witness. Neither can your agent, or your agent's parent, sibling or descendant.
Who makes medical decisions in Illinois if there's no power of attorney?
The doctor turns to your guardian, then your spouse, an adult child, a parent, an adult sibling, an adult grandchild, and then a close friend who signs an affidavit.
How many witnesses does an Illinois living will need?
Two, each 18 or older. That is one more than the health care power of attorney needs. The optional form has each witness confirm they wouldn't inherit from you.
Can my doctor be my health care agent in Illinois?
No. Your attending physician, or any other health care provider treating you, can't serve as your agent.
Sources
- 755 ILCS 45/4-10: Statutory short form power of attorney for health care (Illinois General Assembly)
- 755 ILCS 45/4-5.1: Witness requirements (Illinois General Assembly)
- 755 ILCS 45/4-5: Limitations on health care agencies (Illinois General Assembly)
- 755 ILCS 45/4-6: Revocation and amendment (Illinois General Assembly)
- 755 ILCS 35/3: Living will execution (Illinois General Assembly)
- 755 ILCS 40/25: Surrogate decision making (Illinois General Assembly)
- 755 ILCS 40/10: Definitions, including close friend (Illinois General Assembly)
This page is general information, not legal or financial advice. Laws vary by state.