In Illinois, a living will, alternatively known as an advance directive, is an essential legal tool that allows individuals to dictate their healthcare preferences should they become incapacitated and unable to make these decisions for themselves. When coupled with an Illinois Health Care Power of Attorney purchased through GoGo Estate, you can appoint a health care agent to make medical decisions on your behalf under the same circumstances. This article focuses on the key elements necessary for a living will to be considered valid under Illinois law.

First and foremost, according to the Illinois Living Will Act (755 ILCS 35/), the individual creating the living will, also known as the "declarant," must be of sound mind and at least 18 years old. This adult can use a living will to express their choices regarding medical treatment, including the acceptance or refusal of life-prolonging procedures or artificial nutrition and hydration.

Secondly, the living will must be written. This written document ensures that the declarant's wishes can be easily accessed and reviewed by healthcare providers and the assigned health care agent. While Illinois does not mandate a specific form for a living will, it does provide a standard form, often called the Illinois Declaration.

The third requirement pertains to the signing of the living will. The declarant’s signature is needed to authenticate the document and confirm agreement with its content. In Illinois, this signature must be either notarized or witnessed by two adults. Witnesses cannot be anyone entitled to any part of the declarant’s estate upon death or anyone responsible for the declarant’s healthcare expenses.

Moreover, when coupled with a Health Care POA purchased through GoGo Estate, you can appoint an agent to enforce your living will. This individual has the authority to make medical decisions on behalf of the declarant if they become incapacitated. It's critical to appoint someone trustworthy and capable of making potential difficult decisions in accordance with the declarant's expressed wishes. Illinois law specifies that the health care proxy cannot be the declarant's attending physician or other healthcare provider.

After the creation of a living will, it's recommended that copies are distributed to relevant parties. These copies should be given to the declarant's physician, healthcare proxy, and close family members and friends to ensure they are aware of the declarant’s healthcare preferences.

It's important to note that under Illinois law, the declarant retains the right to revoke the living will at any time and in any manner that communicates intent to revoke. The revocation becomes effective once it is communicated to the declarant's attending physician.

In conclusion, a living will is an important legal document that empowers individuals to maintain control over their future health care decisions. In Illinois, the living will must be written and signed by a competent adult, witnessed by two adult individuals or notarized, and the appointed healthcare agent cannot be the declarant's attending physician or healthcare provider. By satisfying these requirements, individuals can create a valid and effective living will under Illinois law.