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Illinois Living Will

An Illinois Living Will is a legal document that outlines your wishes related to medical care, such as your acceptance or refusal of a certain medical treatment or procedure, along with the... Read more

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Making a Living Will in Illinois

  • What is an Illinois Living Will?

    An Illinois Living Will is a legal document that outlines your wishes related to medical care, such as your acceptance or refusal of a certain medical treatment or procedure, along with the (optional) appointment of a chosen agent or decision maker.

    The individual making a Living Will is called the "principal," and the person or entity receiving authority to carry out the principal's wishes is known as the "agent." Suitable for Illinois residents, this free Living Will can be used in Lake County, Cook County, DuPage County, and in every other region in the state. Each Illinois Living Will form from Rocket Lawyer can be personalized for your particular situation. With this official document on hand, your healthcare institutions will have a point of reference for your preferences and your representative will be able to provide verification that they have been given the authority to act in your interest.

  • How do I write a Living Will in Illinois?

    It is fast and simple to record your medical wishes using a free Illinois Living Will template from Rocket Lawyer:

    1. Make the document - Answer a few basic questions, and we will do the rest
    2. Send and share it - Discuss it with your healthcare agent(s) or ask a lawyer
    3. Sign it - Optional or not, notarization/witnesses are encouraged

    This solution is, in many cases, much less expensive than finding and working with your average lawyer. If necessary, you may start this Living Will on behalf of an elderly parent, a spouse, or another relative, and then have them sign it after you've drafted it. Please note that for a Living Will to be accepted as valid, the principal must be mentally competent at the time of signing. If the principal has already been declared legally incompetent, a court-appointed conservatorship could be necessary. When managing such a situation, it would be best to speak to an attorney.

  • Do I need to make a Living Will?

    Anyone who is over 18 years old should have a Living Will. Even though it can be difficult to think about, there will likely come a time when you are not able to make your own healthcare decisions. Typical situations in which it might be helpful to make or update your Living Will include:

    • You are getting older or dealing with ongoing health issues
    • You are planning to live in a community care facility
    • You plan to undergo an in-patient procedure requiring anesthesia
    • You have been diagnosed with a terminal condition

    Whether this Illinois Living Will is being produced as a result of a change in your health or as part of a forward-looking plan, notarization and witnesses are strongly recommended as a best practice for protecting your document if someone challenges its lawfulness. Please note that a Living Will is not valid during pregnancy in Illinois.

  • Do I need to work with an attorney to review my Living Will in Illinois?

    Making a Living Will is generally simple; however, you or your agent may need advice. Hiring an attorney to proofread your Illinois Living Will might be fairly time-intensive. An easier way to get a second pair of eyes on your document would be via the On Call network of attorneys. By signing up for a Premium membership, you can get your document reviewed by an experienced attorney. As always, you can rest assured that Rocket Lawyer is here to support you.

  • What would I traditionally have to pay for a lawyer to help me make a Living Will in Illinois?

    The cost of working with a legal provider to produce a Living Will could total between two hundred and one thousand dollars, depending on where you are. Unlike most other Living Will template websites that you may discover elsewhere, Rocket Lawyer offers members up to 40% in savings when hiring a lawyer, so an attorney from our On Call network can represent you if you ever need assistance.

  • What should I do after making my Illinois Living Will?

    Once you've completed your customized Living Will form using Rocket Lawyer, you will be able to access it in your account at any time and place. With a Premium membership, you will be able to edit it, save it as a Word or PDF document, print it, and/or sign it. Alongside your Illinois Living Will form, you'll discover a series of tips on what you can do next. Your agent(s), care providers, and other impacted parties should receive copies of the final document.

  • Does a Living Will need to be notarized or witnessed in Illinois?

    The requirements and restrictions governing Living Wills are different in each state; however, in Illinois, your Living Will requires the signatures of two witnesses. Witnesses to your Living Will form shouldn't be your attending physician, advanced practice nurse, physician assistant, dentist, podiatric physician, optometrist, psychologist, or any relative of the healthcare professionals listed above. Along the same lines, your witness should also not be the owner or operator (or their relatives) at any healthcare facility where you are a patient. Your spouse or any of your other relatives are also prohibited. As a general rule, witnesses should be over 18 years old, and no witness should simultaneously be your agent.

    See legal references for a Living Will in Illinois: 755 ILCS 35

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