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            SUMMARY OF STATE LIVING WILL LEGISLATION

ILLINOIS

Synopsis: Illinois has a strong living will statute. The statute
requires that physicians, upon making a diagnosis that a patient
is terminal, to either execute the living will or to notify the
patient. A physician must notify a patient that he does not
desire to execute the living will and then it is the patient's
responsibility to initiate the transfer. If a patient cannot make
a transfer, then the physician must notify the next of kin of the
declarant to allow them to make the transfer. The Illinois
statute limits the physicians in applying a living will and
requires that the physicians provide both hydration and
nourishment if death will occur without the same, even if this
frustrates the living will's intention. Illinois law provides
that Illinois will recognize a living will validly executed under
the terms of any other states law, and apply the same as an
Illinois living will. To prepare an Illinois living will using
the state suggested form, please select this option from the main
menu. Remember that the publisher recommends preparing a
"uniform" living will in addition to the form suggested with by
the State of Illinois. Please also consider executing a living
will for any State that you spend more than a few weeks per year,
or where you are a temporary resident.

Statute number: Ill. Stat. 110 1/2 Section  701
Statute title: "Illinois Living Will Act"

Governmental Agency to contact for more information: None
specified

A specific form of living will is suggested

Witness requirements: Number: 2 [The statute itself only states
that the witnesses must be over eighteen years of age, the form
however, puts additional requirements on the signatories. It is
impossible to determine what the legislature really meant. The
only sane thing to do is go with the higher requirements.]
Relationship: Witnesses may not be directly responsible for the
medical costs of the declarant, may not be entitled to inherit
either under the laws of intestacy or under a will of the
declarant.

Recording of the living will is not provided for 

Revocation of the living will may be made by a separate written
instrument, or by physically destroying the living will [burning,
tearing, etc.] It may be verbally revoked provided that the
revocation is reduced to writing by a witness to the verbal
revocation.