Chapter 755, ESTATES

(755 ILCS 75/4) Sec. 4. Service; notice by posting. (a) This Act does not limit or affect the method by which service of a complaint in a partition action may be made. (b) If the plaintiff in a partition action seeks an order of notice by publication and the court determines that…

(755 ILCS 45/4-1) (from Ch. 110 1/2, par. 804-1) Sec. 4-1. Purpose. The General Assembly recognizes the right of the individual to control all aspects of his or her personal care and medical treatment, including the right to decline medical treatment or to direct that it be withd…

(755 ILCS 5/4-1) (from Ch. 110 1/2, par. 4-1) Sec. 4-1. Capacity of testator. (a) Every person who has attained the age of 18 years and is of sound mind and memory has power to bequeath by will the real and personal estate which he has at the time of his death. (b) Except as stat…

(755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10) Sec. 4-10. Statutory short form power of attorney for health care. (a) The form prescribed in this Section (sometimes also referred to in this Act as the "statutory health care power") may be used to grant an agent powers with re…

(755 ILCS 5/4-10) (from Ch. 110 1/2, par. 4-10) Sec. 4-10. Effect of child born after will.) Unless provision is made in the will for a child of the testator born after the will is executed or unless it appears by the will that it was the intention of the testator to disinherit t…

(755 ILCS 5/4-11) (from Ch. 110 1/2, par. 4-11) Sec. 4-11. Legacy to a deceased legatee.) Unless the testator expressly provides otherwise in his will, (a) if a legacy of a present or future interest is to a descendant of the testator who dies before or after the testator, the de…

(755 ILCS 45/4-11) (from Ch. 110 1/2, par. 804-11) Sec. 4-11. Applicability - inconsistent Acts. This Article applies to all health care providers and other persons in relation to all health care agencies on and after the effective date of this Article. This Article supersedes al…

(755 ILCS 45/4-12) (from Ch. 110 1/2, par. 804-12) Sec. 4-12. Saving clause. This Act does not in any way invalidate any health care agency executed or any act of any agent done, or affect any claim, right or remedy that accrued, prior to September 22, 1987. This amendatory Act o…

(755 ILCS 5/4-13) (from Ch. 110 1/2, par. 4-13) Sec. 4-13. Effect of order admitting will to probate.) Every will when admitted to probate as provided by this Act is effective to transfer the real and personal estate of the testator bequeathed in that will. (Source: P.A. 79-328.)…

(755 ILCS 5/4-14) (from Ch. 110 1/2, par. 4-14) Sec. 4-14. Intestate estate of testator.) The real and personal estate of a testator that is not bequeathed by his will descends and shall be distributed as intestate estate. (Source: P.A. 79-328.)

(755 ILCS 5/4-15) (from Ch. 110 1/2, par. 4-15) Sec. 4-15. Debtor as executor.) The appointment of the debtor of the testator as executor of his will does not extinguish any debt due from the executor to the testator, unless the testator in the will expressly declares his intenti…

(755 ILCS 45/4-2) (from Ch. 110 1/2, par. 804-2) Sec. 4-2. Short Title. This Article shall be known and may be cited as the "Powers of Attorney for Health Care Law". (Source: P.A. 85-701.)

(755 ILCS 45/4-3) (from Ch. 110 1/2, par. 804-3) Sec. 4-3. General principles. The health care powers that may be delegated to an agent include, without limitation, all powers an individual may have to be informed about and to consent to or refuse or withdraw any type of health c…

(755 ILCS 5/4-3) (from Ch. 110 1/2, par. 4-3) Sec. 4-3. Signing and attestation. (a) Every will shall be in writing, signed by the testator or by some person in his presence and by his direction and attested in the presence of the testator by 2 or more credible witnesses. (b) A w…

(755 ILCS 5/4-4) (from Ch. 110 1/2, par. 4-4) Sec. 4-4. Testamentary additions to trusts.) By a will signed and attested as provided in this Act a testator may bequeath or appoint real and personal estate to a trustee of a trust evidenced by an instrument, including the will of a…

(755 ILCS 45/4-4) (from Ch. 110 1/2, par. 804-4) Sec. 4-4. Definitions. As used in this Article: (a) "Attending physician" means the physician who has primary responsibility at the time of reference for the treatment and care of the patient. (b) "Health care" means any care, trea…

(755 ILCS 45/4-4.1) Sec. 4-4.1. Format. Documents, writings, forms, and copies referred to in this Article may be in hard copy or electronic format. Nothing in this Article is intended to prevent the population of a written instrument of a health care agency, document, writing, o…

(755 ILCS 5/4-5) (from Ch. 110 1/2, par. 4-5) Sec. 4-5. Insurance and death benefits payable to testamentary trustee.) A person having the right to designate a beneficiary of benefits payable under any insurance, annuity or endowment contract (including any agreement issued or en…

(755 ILCS 45/4-5) (from Ch. 110 1/2, par. 804-5) Sec. 4-5. Limitations on health care agencies. Neither the attending physician nor any other health care provider or health care professional may act as agent under a health care agency; however, a person who is not administering h…

(755 ILCS 45/4-5.1) Sec. 4-5.1. Limitations on who may witness health care agencies. (a) Every health care agency shall bear the signature of a witness to the signing of the agency. No witness may be under 18 years of age. None of the following licensed professionals providing se…

(755 ILCS 45/4-6) (from Ch. 110 1/2, par. 804-6) Sec. 4-6. Revocation and amendment of health care agencies. (a) Unless the principal elects a delayed revocation period pursuant to subsection (a-5), every health care agency may be revoked by the principal at any time, without reg…

(755 ILCS 5/4-6) (from Ch. 110 1/2, par. 4-6) Sec. 4-6. Beneficiary or creditor as witness.) (a) If any beneficial legacy or interest is given in a will to a person attesting its execution or to his spouse, the legacy or interest is void as to that beneficiary and all persons cla…

(755 ILCS 45/4-7) (from Ch. 110 1/2, par. 804-7) Sec. 4-7. Duties of health care providers and others in relation to health care agencies. Each health care provider and each other person with whom an agent deals under a health care agency shall be subject to the following duties …

(755 ILCS 5/4-7) (from Ch. 110 1/2, par. 4-7) Sec. 4-7. Revocation - revival.) (a) A will may be revoked only (1) by burning, cancelling, tearing or obliterating it by the testator himself or by some person in his presence and by his direction and consent, (2) by the execution of…

(755 ILCS 5/4-8) (from Ch. 110 1/2, par. 4-8) Sec. 4-8. Contract for sale.) If after making his will the testator makes a contract for the sale or transfer of real or personal property specifically bequeathed therein and the whole or any part of the contract remains executory at …

(755 ILCS 45/4-8) (from Ch. 110 1/2, par. 804-8) Sec. 4-8. Immunities of health care providers, agents and others in relation to health care agencies. Each health care provider and each other person who acts in good faith reliance on any direction or decision by the agent that is…

(755 ILCS 45/4-9) (from Ch. 110 1/2, par. 804-9) Sec. 4-9. Penalties. All persons shall be subject to the following sanctions in relation to health care agencies, in addition to all other sanctions applicable under any other law or rule of professional conduct: (a) Any person sha…

(755 ILCS 5/4-9) (from Ch. 110 1/2, par. 4-9) Sec. 4-9. Effect of alteration. An addition to a will or an alteration, substitution, interlineation or deletion of any part of a will which does not constitute a revocation of a will is of no effect, unless made by the testator or by…

(755 ILCS 43/40) Sec. 40. Declaration-Part of patient's medical record. Upon being presented with a declaration, a physician or other provider shall make the declaration a part of the principal's medical record. When acting under authority of a declaration, a physician or provide…

(755 ILCS 40/40) (from Ch. 110 1/2, par. 851-40) Sec. 40. Neonates. Nothing in this Act supersedes the provisions of 45 C.F.R. 1340.15 concerning the provision of "appropriate" nutrition, hydration, and medication for neonates. (Source: P.A. 87-749.)

(755 ILCS 65/40) Sec. 40. Directions by decedent. (a) A person may provide written directions for the disposition or designate an agent to direct the disposition, including cremation, of the person's remains in a will, a prepaid funeral or burial contract, a power of attorney tha…

(755 ILCS 32/40) (This Section may contain text from a Public Act with a delayed effective date) Sec. 40. Failure or refusal of holder of the property to act. If the holder of the property fails or refuses to provide the requested property or information within 60 business days a…

(755 ILCS 27/40) Sec. 40. Requirements. (a) A transfer on death instrument: (1) must: (i) contain the essential elements and formalities of a properly recordable inter vivos deed, but does not need to state consideration or the addresses of the beneficiaries; and (ii) must be exe…

(755 ILCS 9/40) Sec. 40. Access to personal information. (a) A supporter is only authorized to assist the principal in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement. (b) If a supporter assis…

(755 ILCS 65/45) Sec. 45. Liability. There shall be no liability for a cemetery organization, a business operating a crematory or columbarium or both, a funeral director or an embalmer, or a funeral establishment that carries out the written directions of a decedent or the direct…

(755 ILCS 27/45) Sec. 45. Signing, attestation, and acknowledgment. (a) Every transfer on death instrument shall be signed by the owner or by some person in his or her presence and by his or her direction, and shall be attested in writing by 2 or more credible witnesses, and the …

(755 ILCS 43/45) Sec. 45. Principal's wishes must be followed. (1) The physician or provider may subject the principal to mental health treatment in a manner contrary to the principal's wishes as expressed in a declaration for mental health treatment only: (a) When a court order …

(755 ILCS 40/45) (from Ch. 110 1/2, par. 851-45) Sec. 45. Life insurance. No policy of life insurance, or annuity or other type of contract that is conditioned on the life or death of the patient, shall be legally impaired or invalidated in any manner by the withholding or withdr…

(755 ILCS 9/45) Sec. 45. Authorization and witnesses. A principal and his or her supporter entering into a supported decision-making agreement shall sign and date the agreement in the presence of 2 or more subscribing witnesses who are at least 18 years of age. The principal's su…

(755 ILCS 32/45) Sec. 45. (Amendatory provisions; text omitted). (Source: P.A. 104-481, eff. 1-1-27; text omitted.)

(755 ILCS 5/4a-10) Sec. 4a-10. Presumption of void transfer. (a) In any civil action in which a transfer instrument is being challenged, there is a rebuttable presumption, except as provided in Section 4a-15, that the transfer instrument is void if the transferee is a caregiver a…

(755 ILCS 5/4a-15) Sec. 4a-15. Exceptions. The rebuttable presumption established by Section 4a-10 can be overcome if the transferee proves to the court either: (1) by a preponderance of evidence that the transferee's share under the transfer instrument is not greater than the sh…

(755 ILCS 5/4a-20) Sec. 4a-20. Common law. The provisions of this Article do not abrogate or limit any principle or rule of the common law, unless the common law principle or rule is inconsistent with the provisions of this Article. Notwithstanding the limited definition of "care…

(755 ILCS 5/4a-25) Sec. 4a-25. Attorney's fees and costs. If the caregiver attempts and fails to overcome the presumption under Section 4a-15, the caregiver shall bear the costs of the proceedings, including, without limitation, reasonable attorney's fees. (Source: P.A. 98-1093, …

(755 ILCS 5/4a-30) Sec. 4a-30. No independent duty. The rebuttable presumption set forth in Section 4a-10 of this Article applies only in a civil action in which a transfer instrument is being challenged, and does not create or impose an independent duty on any financial institut…

(755 ILCS 5/4a-35) Sec. 4a-35. Applicability. This Article applies only to transfer instruments executed after the effective date of this amendatory Act of the 98th General Assembly. (Source: P.A. 98-1093, eff. 1-1-15.)

(755 ILCS 5/4a-5) Sec. 4a-5. Definitions. As used in this Article: (1) "Caregiver" means a person who voluntarily, or in exchange for compensation, has assumed responsibility for all or a portion of the care of another person who needs assistance with activities of daily living. …

(755 ILCS 9/5) (Text of Section before amendment by P.A. 104-663) Sec. 5. Purpose; interpretation. The purpose of this Act is to recognize a less-restrictive alternative to guardianship for adults with intellectual and developmental disabilities who need assistance with decisions…

(755 ILCS 10/5) (from Ch. 110 1/2, par. 55) Sec. 5. International will; certificate. The authorized person shall attach to the will a certificate to be signed by him establishing that the requirements of this Act for valid execution of an international will have been fulfilled. T…

(755 ILCS 43/5) Sec. 5. Definitions. As used in this Act: (1) "Adult" shall have the same meaning as provided in Section 10 of the Health Care Surrogate Act. (2) "Attending physician" shall have the same meaning as provided in Section 10 of the Healthcare Surrogate Act. (3) "Atto…