Chapter 755 — ESTATES

(755 ILCS 35/8) (from Ch. 110 1/2, par. 708) Sec. 8. Penalties. (a) Any person who willfully conceals, cancels, defaces, obliterates, or damages the declaration of another without such declarant's consent or who falsifies or forges a revocation of the declaration of another or wh…

(755 ILCS 35/9) (from Ch. 110 1/2, par. 709) Sec. 9. General provisions. (a) The withholding or withdrawal of death delaying procedures from a qualified patient in accordance with the provisions of this Act shall not, for any purpose, constitute a suicide. (b) The making of a dec…

(755 ILCS 35/9.5) Sec. 9.5. Operation of living will. Subject to Section 3.5 and Section 9(l), a declaration under this Act becomes operative when all of the following conditions have been met: (1) it has been validly executed; (2) it has not been revoked in accordance with Secti…

(755 ILCS 40/1) (from Ch. 110 1/2, par. 851-1) Sec. 1. Short title. This Act may be cited as the Health Care Surrogate Act. (Source: P.A. 87-749.)

(755 ILCS 40/10) (from Ch. 110 1/2, par. 851-10) Sec. 10. Definitions. As used in this Act: "Adult" means a person who is (i) 18 years of age or older or (ii) an emancipated minor under the Emancipation of Minors Act. "Artificial nutrition and hydration" means supplying food and …

(755 ILCS 40/15) (from Ch. 110 1/2, par. 851-15) Sec. 15. Applicability. This Act applies to patients who lack decisional capacity or who have a qualifying condition. This Act does not apply to instances in which the patient has an operative and unrevoked living will under the Il…

(755 ILCS 40/20) (from Ch. 110 1/2, par. 851-20) Sec. 20. Private decision making process. (a) Decisions whether to forgo life-sustaining or any other form of medical treatment involving an adult patient with decisional capacity may be made by that adult patient. (b) Decisions wh…

(755 ILCS 40/25) (from Ch. 110 1/2, par. 851-25) Sec. 25. Surrogate decision making. (a) When a patient lacks decisional capacity, the health care provider must make a reasonable inquiry as to the availability and authority of a health care agent under the Powers of Attorney for …

(755 ILCS 40/30) (from Ch. 110 1/2, par. 851-30) Sec. 30. Reliance on authority of surrogate decision maker. (a) Every health care provider and other person (a "reliant") shall have the right to rely on any decision or direction by the surrogate decision maker (the "surrogate") t…

(755 ILCS 40/35) (from Ch. 110 1/2, par. 851-35) Sec. 35. Conscience of health care provider; policy of the health care facility. A health care provider who because of personal views or beliefs or his or her conscience is unable to comply with the terms of a decision to forgo lif…

(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 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 40/5) (from Ch. 110 1/2, par. 851-5) Sec. 5. Legislative findings and purposes. (a) Findings. The legislature recognizes that all persons have a fundamental right to make decisions relating to their own medical treatment, including the right to forgo life-sustaining tre…

(755 ILCS 40/50) (from Ch. 110 1/2, par. 851-50) Sec. 50. Not suicide or murder. The withholding or withdrawal of life-sustaining treatment from a patient in accordance with the provisions of this Act does not, for any purpose, constitute suicide or murder. The withholding or wit…

(755 ILCS 40/55) (from Ch. 110 1/2, par. 851-55) Sec. 55. Preservation of existing rights. The provisions of this Act are cumulative with existing law regarding an individual's right to consent or refuse to consent to medical treatment. The provisions of this Act shall not impair…

(755 ILCS 40/60) Sec. 60. Health care surrogate; specific mental health services. (a) In this Section, "specific mental health services" means the administration of psychotropic medication or electroconvulsive therapy under Section 2-107 or 2-107.1 of the Mental Health and Develo…

(755 ILCS 40/65) Sec. 65. Department of Public Health Uniform POLST form. (a) An individual of sound mind and having reached the age of majority or having obtained the status of an emancipated person pursuant to the Emancipation of Minors Act may execute a document (consistent wi…

(755 ILCS 40/70) Sec. 70. Format. The affidavit, medical record, documents, and forms referred to in this Act may be in hard copy or electronic format. Nothing in this Act is intended to prevent the population of an affidavit, medical record, document, or form with electronic dat…

(755 ILCS 43/1) Sec. 1. Short title. This Act may be cited as the Mental Health Treatment Preference Declaration Act. (Source: P.A. 89-439, eff. 6-1-96.)

(755 ILCS 43/10) Sec. 10. Declaration of preference or instructions. (1) An adult of sound mind may make a declaration of preferences or instructions regarding mental health treatment. The preferences or instructions may include consent to or refusal of mental health treatment. (…

(755 ILCS 43/100) Sec. 100. (Amendatory provisions; text omitted). (Source: P.A. 89-439, eff. 6-1-96.)

(755 ILCS 43/103) Sec. 103. (Amendatory provisions; text omitted). (Source: P.A. 89-439, eff. 6-1-96.)

(755 ILCS 43/105) Sec. 105. (Amendatory provisions; text omitted). (Source: P.A. 89-439, eff. 6-1-96.)

(755 ILCS 43/110) Sec. 110. The Department of Mental Health and Developmental Disabilities Act is amended by repealing Section 60. (Source: P.A. 89-439, eff. 6-1-96.)

(755 ILCS 43/115) Sec. 115. The Planning Council on Mental Health Law, Article 1 of "An Act in relation to mental health and developmental disabilities", approved August 29, 1990, Public Act 86-1190, is repealed. (Source: P.A. 89-439, eff. 6-1-96.)

(755 ILCS 43/15) Sec. 15. Designation of attorney-in-fact. A declaration may designate a competent adult to act as attorney-in-fact to make decisions about mental health treatment. An alternative attorney-in-fact may also be designated to act as attorney-in-fact if the original d…

(755 ILCS 43/20) Sec. 20. Signatures required. (a) A declaration is effective only if it is signed by the principal, and 2 competent adult witnesses. The witnesses must attest that the principal is known to them, signed the declaration in their presence and appears to be of sound…

(755 ILCS 43/23) Sec. 23. Format. Documents, writings, and forms referred to in this Act may be in hard copy or electronic format. Nothing in this Act is intended to prevent the population of a declaration, document, writing, or form with electronic data. (Source: P.A. 101-163, e…

(755 ILCS 43/25) Sec. 25. Operation of declaration. A declaration becomes operative when it is delivered to the principal's attending physician and remains valid until revoked or expired. The attending physician shall act in accordance with an operative declaration when the princ…

(755 ILCS 43/30) Sec. 30. Authority of attorney-in-fact. (1) The attorney-in-fact does not have authority to make mental health treatment decisions unless the principal is incapable. (2) The attorney-in-fact is not, as a result of acting in that capacity, personally liable for th…

(755 ILCS 43/35) Sec. 35. Declaration has no effect on other services. A person shall not be required to execute or to refrain from executing a declaration as a criterion for insurance, as a condition for receiving mental or physical health services, or as a condition of discharg…

(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 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 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…

(755 ILCS 43/50) Sec. 50. Revocation. A declaration may be revoked in whole or in part by written statement at any time by the principal if the principal is not incapable, regardless of whether the written revocation is in an electronic or hard copy format. A written statement of…

(755 ILCS 43/55) Sec. 55. Declaration protects physician or provider from legal action. A physician who, to a reasonable degree of medical certainty, determines that the principal is capable or incapable of revoking a declaration or a physician or provider who administers or does…

(755 ILCS 43/60) Sec. 60. Restrictions on who may serve as attorney-in-fact. None of the following may serve as attorney-in-fact: (1) The attending physician or mental health service provider or an employee of the physician or provider, if the physician, provider, or employee is …

(755 ILCS 43/65) Sec. 65. Restrictions on who may witness declaration. None of the following may serve as a witness to the signing of a declaration: (1) The attending physician or mental health service provider or a relative of the physician or provider; (2) An owner, operator, o…

(755 ILCS 43/70) Sec. 70. Withdrawal of attorney-in-fact. (1) An attorney-in-fact may withdraw by giving notice to the principal. If a principal is incapable, the attorney-in-fact may withdraw by giving notice to the attending physician. The attending physician shall note the wit…

(755 ILCS 43/75) Sec. 75. Form of declaration. A declaration for mental health treatment shall be in substantially the following form: DECLARATION FOR MENTAL HEALTH TREATMENT I ................., being an adult of sound mind, willfully and voluntarily make this declaration for me…

(755 ILCS 43/85) Sec. 85. (Amendatory provisions; text omitted). (Source: P.A. 89-439, eff. 6-1-96.)

(755 ILCS 43/90) Sec. 90. (Amendatory provisions; text omitted). (Source: P.A. 89-439, eff. 6-1-96.)

(755 ILCS 45/1-1) (from Ch. 110 1/2, par. 801-1) Sec. 1-1. This Act shall be known and may be cited as the "Illinois Power of Attorney Act". (Source: P.A. 85-701.)

(755 ILCS 45/2-1) (from Ch. 110 1/2, par. 802-1) Sec. 2-1. Purpose. The General Assembly recognizes that each individual has the right to appoint an agent to make property, financial, personal, and health care decisions for the individual but that this right cannot be fully effec…

(755 ILCS 45/2-10) (from Ch. 110 1/2, par. 802-10) Sec. 2-10. Agency-court relationship. (a) Upon petition by any interested person, notice to the agent, principal, and interested persons as the court directs and a finding by the court that the principal lacks either the capacity…

(755 ILCS 45/2-10.3) Sec. 2-10.3. Successor agents. (a) A principal may designate one or more successor agents to act if an initial or predecessor agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to anoth…

(755 ILCS 45/2-10.5) Sec. 2-10.5. Co-agents. (a) Co-agents may not be named by a principal in a statutory short form power of attorney for property under Article III or a statutory short form power of attorney for health care under Article IV. In the event that co-agents are name…

(755 ILCS 45/2-10.6) Sec. 2-10.6. Power of attorney executed in another state or country; pre-existing powers of attorney. (a) A power of attorney executed in another state or country is valid and enforceable in this State if its creation complied when executed with: (1) the law …

(755 ILCS 45/2-11) (from Ch. 110 1/2, par. 802-11) Sec. 2-11. Saving clause. This Act does not in any way invalidate any 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 of the 96th G…

(755 ILCS 45/2-2) (from Ch. 110 1/2, par. 802-2) Sec. 2-2. Short Title. This Article shall be known and may be cited as the "Durable Power of Attorney Law". (Source: P.A. 85-701.)