Chapter 755 — ESTATES

(755 ILCS 45/2-3) (from Ch. 110 1/2, par. 802-3) Sec. 2-3. Definitions. As used in this Act: (a) "Agency" means the written power of attorney or other instrument of agency governing the relationship between the principal and agent or the relationship, itself, as appropriate to th…

(755 ILCS 45/2-4) (from Ch. 110 1/2, par. 802-4) Sec. 2-4. Applicability. (a) The principal may specify in the agency the event or time when the agency will begin and terminate, the mode of revocation or amendment and the rights, powers, duties, limitations, immunities and other …

(755 ILCS 45/2-5) (from Ch. 110 1/2, par. 802-5) Sec. 2-5. Duration of agency - amendment and revocation. Unless the agency states an earlier termination date, the agency continues until the death of the principal, notwithstanding any lapse of time, the principal's disability or …

(755 ILCS 45/2-6) (from Ch. 110 1/2, par. 802-6) Sec. 2-6. Effect of disability-divorce. (a) All acts of the agent within the scope of the agency during any period of disability, incapacity or incompetency of the principal have the same effect and inure to the benefit of and bind…

(755 ILCS 45/2-7) (from Ch. 110 1/2, par. 802-7) Sec. 2-7. Duty - standard of care - record-keeping - exoneration. (a) The agent shall be under no duty to exercise the powers granted by the agency or to assume control of or responsibility for any of the principal's property, care…

(755 ILCS 45/2-7.5) Sec. 2-7.5. (Repealed). (Source: P.A. 94-850, eff. 6-13-06. Repealed by P.A. 96-1195, eff. 7-1-11.)

(755 ILCS 45/2-8) (from Ch. 110 1/2, par. 802-8) Sec. 2-8. Reliance on document purporting to establish an agency. (a) Any person who acts in good faith reliance on a copy of a document purporting to establish an agency will be fully protected and released to the same extent as t…

(755 ILCS 45/2-9) (from Ch. 110 1/2, par. 802-9) Sec. 2-9. Preservation of estate plan and trusts. In exercising powers granted under the agency, including powers of amendment or revocation and powers to expend or withdraw property passing by trust, contract or beneficiary design…

(755 ILCS 45/3-1) (from Ch. 110 1/2, par. 803-1) Sec. 3-1. Purpose. The General Assembly finds that the public interest requires a standardized form of power of attorney that individuals may use to authorize an agent to act for them in dealing with their property and financial af…

(755 ILCS 45/3-2) (from Ch. 110 1/2, par. 803-2) Sec. 3-2. Short Title. This Article shall be known and may be cited as the "Statutory Short Form Power of Attorney for Property Law". (Source: P.A. 85-701.)

(755 ILCS 45/3-3) (from Ch. 110 1/2, par. 803-3) Sec. 3-3. Statutory short form power of attorney for property. (a) The form prescribed in this Section may be known as "statutory property power" and may be used to grant an agent powers with respect to property and financial matte…

(755 ILCS 45/3-3.6) Sec. 3-3.6. Limitations on who may witness property powers. (a) Every property power shall bear the signature of a witness to the signing of the agency and shall be notarized. None of the following may serve as a witness to the signing of a property power or a…

(755 ILCS 45/3-4) (from Ch. 110 1/2, par. 803-4) Sec. 3-4. Explanation of powers granted in the statutory short form power of attorney for property. This Section defines each category of powers listed in the statutory short form power of attorney for property and the effect of gr…

(755 ILCS 45/3-5) Sec. 3-5. Savings clause. This amendatory Act of the 96th General Assembly does not in any way invalidate any property power executed or any act of any agent done, or affect any claim, right, or remedy that accrued, prior to the effective date of this amendatory…

(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 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 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 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 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 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 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 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 50/1-1) (was 755 ILCS 50/1) Sec. 1-1. Short Title. This Act may be cited as the Illinois Anatomical Gift Act. (Source: P.A. 93-794, eff. 7-22-04.)

(755 ILCS 50/1-10) (was 755 ILCS 50/2) Sec. 1-10. Definitions. "Close friend" means any person 18 years of age or older who has exhibited special care and concern for the decedent and who presents an affidavit to the decedent's attending physician, or the hospital administrator o…

(755 ILCS 50/1-5) Sec. 1-5. Purpose. Illinois recognizes that there is a critical shortage of human organs and tissues available to citizens in need of organ and tissue transplants. This shortage leads to the untimely death of many adults and children in Illinois and across the n…

(755 ILCS 50/11) (from Ch. 110 1/2, par. 311) Sec. 11. (Repealed). (Source: P.A. 76-1209. Repealed by P.A. 93-794, eff. 7-22-04.)

(755 ILCS 50/5-10) Sec. 5-10. (Repealed). (Source: P.A. 93-794, eff. 7-22-04. Repealed by P.A. 98-172, eff. 1-1-14.)

(755 ILCS 50/5-12) Sec. 5-12. Persons who may receive an anatomical gift; purpose of anatomical gift. (a) An anatomical gift may be made to the following persons named in the document of gift: (1) for research or education, a hospital; an accredited medical school, dental school,…

(755 ILCS 50/5-15) (was 755 ILCS 50/4.5) Sec. 5-15. Disability of recipient. (a) A hospital, physician and surgeon, procurement organization, or other person shall not, solely on the basis of an individual's mental or physical disability: (1) deem an individual ineligible to rece…

(755 ILCS 50/5-20) (was 755 ILCS 50/5) Sec. 5-20. Manner of executing anatomical gifts. (a) A donor may make an anatomical gift: (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or ident…

(755 ILCS 50/5-25) Sec. 5-25. Notification; authorization. (a) Each hospital in this State shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. (b) Hospitals shall proceed in accordance with the ap…

(755 ILCS 50/5-27) (was 755 ILCS 60/3.5) Sec. 5-27. Notification of patient; family rights and options after circulatory death. (a) In this Section, "donation after circulatory death" means the donation of organs from a patient whose death is declared based upon cardiopulmonary, …

(755 ILCS 50/5-30) Sec. 5-30. (Repealed). (Source: P.A. 93-794, eff. 7-22-04. Repealed by P.A. 98-172, eff. 1-1-14.)

(755 ILCS 50/5-35) (was 755 ILCS 50/6) Sec. 5-35. Delivery of document of anatomical gift not required; right to examine. (a) A document of gift need not be delivered during the donor's lifetime to be effective. (b) Upon or after an individual's death, a person in possession of a…

(755 ILCS 50/5-40) Sec. 5-40. (Repealed). (Source: P.A. 94-75, eff. 1-1-06. Repealed by P.A. 98-172, eff. 1-1-14.)

(755 ILCS 50/5-42) Sec. 5-42. Amending or revoking anatomical gift before donor's death. (a) Subject to Section 5-7, a donor or other person authorized to make an anatomical gift under subsection (a) of Section 5-5 may amend or revoke an anatomical gift by: (1) a record signed by…

(755 ILCS 50/5-43) Sec. 5-43. Refusal to make anatomical gift; effect of refusal. (a) An individual may refuse to make an anatomical gift of the individual's body or part by: (1) a record signed by: (A) the individual; or (B) subject to subsection (b) of this Section, another ind…

(755 ILCS 50/5-45) (was 755 ILCS 50/8) Sec. 5-45. Rights and Duties at Death. (a) The donee may accept or reject the anatomical gift. If the donee accepts a gift of the entire body, he may, subject to the terms of the gift, authorize embalming and the use of the body in funeral s…

(755 ILCS 50/5-47) Sec. 5-47. Rights and duties of procurement organizations and others. (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Secretary of State and any donor…

(755 ILCS 50/5-5) (was 755 ILCS 50/3) Sec. 5-5. Persons who may execute an anatomical gift. (a) An anatomical gift of a donor's body or part that is to be carried out upon the donor's death may be made during the life of the donor for the purpose of transplantation, therapy, rese…

(755 ILCS 50/5-50) (was 755 ILCS 50/8.1) Sec. 5-50. Payment for anatomical gift. (a) Except as provided in subsection (b), any person who knowingly pays or offers to pay any financial consideration to a donor or to any of the persons listed in subsection (b) of Section 5-5 for ma…

(755 ILCS 50/5-55) Sec. 5-55. Law governing validity; choice of law as to the execution of document of anatomical gift; presumption of validity. (a) A document of gift is valid if executed in accordance with: (1) this Act; (2) the laws of the state or country where it was execute…

(755 ILCS 50/5-7) Sec. 5-7. Preclusive effect of anatomical gift, amendment, or revocation. (a) Subject to subsection (f) of this Section and except as provided in subsection (a-5) of this Section, in the absence of an express, contrary indication by the donor, a person other tha…

(755 ILCS 50/9) (from Ch. 110 1/2, par. 309) Sec. 9. (Repealed). (Source: P.A. 76-1209. Repealed by P.A. 93-794, eff. 7-22-04.)