Guides · State guides · Illinois
Illinois Power of Attorney for Health Care: The Form, the Witness Rule and the Living Will
Illinois's statutory health care form needs one witness and no notary. Here is how it works, who can't witness it, how it fits with a living will, and what happens without one.
By naveen · Updated · How we research our guides
What to know
- The Illinois Statutory Short Form Power of Attorney for Health Care must be signed in front of one adult witness, and its instructions say "There is no need to have the form notarized."
- The witness can't be the agent, a relative of your parent or the agent, your parent's doctor, or an owner or operator of your parent's care facility.
- Your parent can revoke it at any time, "without regard to the principal's mental or physical condition" (755 ILCS 45/4-6).
- Illinois also has a living will, which needs two adult witnesses and covers only a terminal condition; it isn't operative while an authorized health care agent is available.
- Retirement Checklist puts these documents in order alongside everything else your family needs to settle.
An Illinois power of attorney for health care lets your parent name an agent to make health care decisions when they can't, or don't want to. The statutory form's instructions are short: "Sign the form in front of a witness," "Ask the witness to sign it, too," and "There is no need to have the form notarized" (755 ILCS 45/4-10). It's a separate document from a power of attorney for property, which needs both a witness and a notary.
What is a power of attorney for health care in Illinois?
It's a document, under Article IV of the Illinois Power of Attorney Act, that names an agent to make health care decisions for your parent. The statutory form authorizes the agent "to make any and all health care decisions on behalf of the principal which the principal could make if present and under no disability," subject to any limits your parent writes in.
According to the form, those decisions can include talking with doctors, seeing medical records, consenting to tests and treatment, choosing where care is provided, and accepting, withdrawing or declining treatments designed to keep your parent alive if they're near death or not likely to recover. The agent also serves as your parent's personal representative under HIPAA, which matters when a hospital asks who can see the records. For money and property, see our Illinois power of attorney guide.
How is it different from a living will?
A health care power of attorney names a person. A living will records an instruction.
| Document | What it does | Signing rule |
|---|---|---|
| Power of attorney for health care | Names an agent to make health care decisions | One adult witness, no notary on the statutory form |
| Living will | Directs that death-delaying procedures not be used if your parent has a terminal condition | Two adult witnesses (755 ILCS 35/3) |
The two interact. Under 755 ILCS 45/4-11, a living will "shall not be operative so long as an agent is available who is authorized by a health care agency to deal with the subject of life-sustaining or death-delaying procedures." The health care power of attorney is the broader document; the living will covers one situation and steps back when an authorized agent is available. For the general picture, see power of attorney vs. advance directive.
How do you sign an Illinois power of attorney for health care?
On the statutory form, your parent signs in front of one witness who is at least 18, and the witness signs too. The witness confirms either that they saw your parent sign, or that your parent told them the signature is theirs. No notary is needed.
The statute has one wrinkle worth knowing. Section 4-5.1 says "Every health care agency shall bear the signature of a witness," while Section 4-10 says health care powers that don't use the statutory form "need not be witnessed." The statutory form is the clearer path, because it asks for the witness in any case.
Who can't be a witness in Illinois?
The witness statement on the statutory form lists who can't sign. The witness must confirm they are not:
- the agent or a successor agent;
- related to your parent, the agent or a successor agent by blood, marriage or adoption;
- your parent's physician, advanced practice registered nurse, dentist, podiatric physician, optometrist or psychologist, or a relative of one of them;
- an owner or operator, or a relative of an owner or operator, of the health care facility where your parent is a patient or resident.
The statute behind the form, 755 ILCS 45/4-5.1, also lists your parent's physician assistant. That rules out family on both sides, your parent's and the agent's. A friend, neighbor or colleague who isn't on the list can witness.
Who can't serve as the agent?
Under 755 ILCS 45/4-5, your parent's attending physician and any other health care provider can't act as the agent, though a licensed person who isn't providing health care to your parent can. Family members can serve as the agent even though they can't be the witness. The form lets your parent name successor agents, who act one at a time in the order listed.
When does the agent start making decisions?
According to the statutory form's explanation, the agent can act "If there is ever a period of time when your physician determines that you cannot make your own health care decisions, or if you do not want to make your own decisions." So the agent can step in during incapacity, or earlier if your parent chooses.
The form also asks your parent to select, optionally, one statement about life-sustaining treatment that best expresses their wishes, as a guide for the agent. The form describes life-sustaining treatments as including tube feeding or fluids, breathing machines and CPR.
What happens if your parent has no advance directive?
Illinois's Health Care Surrogate Act sets an order of people who can decide when an adult can't and has no health care agent (755 ILCS 40/25):
- a guardian of the person;
- the spouse;
- any adult son or daughter;
- either parent;
- any adult brother or sister;
- any adult grandchild;
- a close friend;
- the guardian of the estate.
The statutory form explains why a family might not want to rely on that list: "The person or people listed by this law may not be who you would want to make decisions for you." Naming an agent lets your parent choose. For decisions to forgo life-sustaining treatment, the Act also requires the patient to have a qualifying condition.
How do you revoke an Illinois advance directive?
Your parent can revoke either document at any time, regardless of their condition, by destroying it, by signing a dated written revocation, or by telling an adult witness who confirms it in writing.
- Power of attorney for health care. Under 755 ILCS 45/4-6, your parent can revoke it "at any time, without regard to the principal's mental or physical condition," by destroying it, by a signed and dated written revocation, by telling an adult witness who signs and dates a written confirmation, or by deleting an electronic version. The form also lets your parent choose a delayed revocation period instead.
- Living will. Under 755 ILCS 35/5, the same methods apply, again "without regard to declarant's mental or physical condition."
After a revocation, the form suggests making sure everyone who had a copy of the old document, including agents and doctors, gets the new one.
What questions are worth asking before your parent signs?
These questions cover the choices your parent makes on the form and at the signing:
- Who would your parent trust to follow their wishes even when the family disagrees?
- Who should be the successor agents, and in what order?
- Which statement about life-sustaining treatment, if any, fits your parent's wishes?
- Who can witness without being related to your parent or the agent?
- Has your parent given copies to the agent, the successor agents and their doctor?
Frequently asked questions
Does a health care power of attorney need to be notarized in Illinois?
Not when it uses the statutory form. The Illinois Statutory Short Form Power of Attorney for Health Care needs one adult witness, and its instructions say there is no need to have the form notarized. That differs from an Illinois power of attorney for property, which must be both witnessed and notarized.
Can a family member witness an Illinois health care power of attorney?
No. On the statutory form, the witness confirms they aren't related to your parent, the agent or any successor agent by blood, marriage or adoption. The witness also can't be the agent, your parent's doctor or certain other providers, or an owner or operator of your parent's care facility.
Where can I get the Illinois power of attorney for health care form?
The Illinois Statutory Short Form Power of Attorney for Health Care is printed in Section 4-10 of the Illinois Power of Attorney Act, 755 ILCS 45, on the General Assembly's website. The statute says no specific format is required for the statutory form other than that its notice must come before the form.
Does an Illinois health care power of attorney cover finances?
No. It covers health care decisions, along with related matters such as medical records, autopsy and disposition of remains. Money and property need a separate Illinois power of attorney for property, which must be signed in front of a witness and notarized, with its own list of people who can't serve.
What is the difference between a living will and a health care power of attorney in Illinois?
An Illinois living will directs that death-delaying procedures not be used if your parent has a terminal condition, and it needs two adult witnesses. A health care power of attorney names an agent for decisions of all kinds. While an authorized agent is available, the living will isn't operative.
Can my parent change their mind after signing?
Yes. Your parent can revoke an Illinois power of attorney for health care at any time, regardless of their mental or physical condition, for example by destroying it or by telling an adult witness who confirms it in writing. The form suggests giving the new document to everyone who had the old one.
Getting started
A health care power of attorney only helps if it's signed while your parent can sign it, in front of the right witness. The plan this site builds asks four questions, including which state your parents live in, and puts the steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Illinois Power of Attorney Act, 755 ILCS 45, Article IV: who can be agent (4-5), witness rules (4-5.1), revocation (4-6), the statutory health care form and its instructions (4-10), and the living will interaction (4-11).
- Illinois Living Will Act, 755 ILCS 35: signing with two witnesses (3) and revocation (5).
- Illinois Health Care Surrogate Act, 755 ILCS 40: who decides when there's no agent (25).
More on what this tool does and doesn't do, or browse everything we've written.