• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Legal Templates

Legal Templates
  • Business Forms
    • Business Formation
      • LLC Operating Agreement
      • Articles of Incorporation
      • Shareholder Agreement
      • Partnership Agreement
      • Business Purchase Agreement
      • Joint Venture Agreement
      • Single-Member LLC Operating Agreement
    • Business Operations
      • Letter of Intent
      • Non-Disclosure Agreement (NDA)
      • Non-Compete Agreement
      • Invoice Template
      • Purchase Order
      • Hold Harmless Agreement
      • Release of Liability Form (Waiver)
      • Buy-Sell Agreement
      • Construction Contract
      • Licensing Agreement
    • Employment
      • Independent Contractor Agreement
      • Employment Contract
      • Freelance Contract
      • Leave of Absence Letter
      • Leave of Absence Agreement
      • Resignation Letter
    • Cease and Desist Letter
      • Copyright Infringement
      • Debt Collection
      • Defamation
      • Harassment
      • Trademark Infringement
  • Real Estate Forms
    • Lease Agreements
      • Lease/Rental Agreement
      • Sublease Agreement
      • Room Rental Agreement
      • Month-to-Month Lease Agreement
      • Commercial Lease Agreement
      • Short Term Lease Agreement
      • Land Lease Agreement
      • Lease Renewal
      • Lease Amendment
    • Lease Termination Letter
      • Eviction Notice
      • Notice to Vacate
      • Early Lease Termination Letter
      • Late Rent Notice
    • Deeds & Property
      • Warranty Deed
      • Mortgage Deed
      • Quitclaim Deed
      • Deed of Trust
      • Mechanic’s Lien
      • Property Management Agreement
    • Rental Application
    • Real Estate Purchase Agreement
    • Employment Verification Letter
  • Estate Planning Forms
    • Power of Attorney
      • Medical Power of Attorney
      • Durable Power of Attorney
      • Revocation of Power of Attorney
    • Wills
      • Living Will
      • Last Will and Testament
      • Codicil to Will
    • Advance Directive
    • Living Trust
    • DNR Form
  • Finance Forms
    • Loans
      • Promissory Note
      • Loan Agreement
      • IOU
      • Demand For Payment Letter
    • Bill of Sale
      • Vehicle Bill of Sale
      • Boat Bill of Sale
      • Firearm Bill of Sale
      • Horse Bill of Sale
      • Trailer Bill of Sale
    • Sales & Purchases
      • Sales Agreement
      • Purchase Agreement
      • Gift Affidavit
      • Stock Purchase Agreement
  • Personal/Family Forms
    • Affidavits
      • Affidavit of Death
      • Affidavit of Domicile
      • Affidavit of Heirship
      • Affidavit of Identity
      • Affidavit of Residence
      • Affidavit of Service
      • Affidavit of Title
      • Financial Affidavit
      • Gift Affidavit
      • Small Estate Affidavit
    • Marriage
      • Divorce Agreement
      • Prenuptial Agreement
      • Cohabitation Agreement
      • Separation Agreement
      • Postnuptial Agreement
    • Child & Pet Forms
      • Child Medical Consent
      • Child Travel Consent Form
      • Child Custody Agreement
      • Pet Care Agreement
    • Medical Records Release Form
  • Resources
    • All Legal Documents
    • Article Categories
      • Business
      • Estate Planning
      • Financial
      • Personal & Family
      • Real Estate
  • Help
    • Email Us
    • Contact Us
    • About Us
  • Sign In
  • :email
    • Dashboard Home
    • My Account
    • My Billing History
    • Sign Out
  • Help
    • Contact Us
    • Email Us
    • About Us
    • (855) 335-9779 Monday-Friday, 10AM - 6PM EDT
  • Sign In
  • :email
    • Dashboard Home
    • My Account
    • My Billing History
    • Sign Out

Home Legal Documents Power of Attorney Medical Illinois

Free Illinois Power of Attorney for Health Care

Use our Illinois Power of Attorney for Health Care form to let someone make medical decisions for you if you become unable to do so.

Updated October 28, 2020

A medical power of attorney form is a legal document that is used to name another person to make medical decisions for you. The person that you designate will make decisions regarding your health, well-being, and medical treatment when you are unable to make those choices yourself or immediately, whichever you choose.

In Illinois, a medical power of attorney is also commonly referred to as a “health care agency” or an “Illinois power of attorney for health care.”

Laws: The Illinois Power of Attorney Act, 755 ILCS 45, Article IV, governs powers of attorney for health care.

If you are considering using an Illinois medical power of attorney form to create a power of attorney for health care, you might also want to review the following documents.

  • Living Will: A living will provides specific instructions on what your wishes may be for medical care. It goes beyond the medical power of attorney form to address very specific desires related to care and treatment if you become incapacitated. It is also sometimes referred to as an advance directive for health care.
  • Illinois (Financial) Power of Attorney: This form addresses the financial aspects of your life. It designates another person to make decisions regarding your assets, debts, and other property. It can be as broad or as limited as you would like. You do not have to name the same person for both of these types of powers of attorney in Illinois.

How to Fill in a Medical Power of Attorney in Illinois

The Illinois Power of Attorney Act provides specific instructions to create a valid power of attorney for health care. You can use the following steps to help you fill out the form.

Step 1: Chose an agent

The agent that you choose will have the power to make medical decisions on your behalf. They should have your wishes and beliefs in mind when making these decisions. They should also be able to set aside their own opinions or ideas about what you should do, so they can decide what you would do in that situation.

This role can be challenging to fill, so be sure that you put some very serious thought into who would be a good fit for your medical power of attorney.

Who should you choose as an agent?

Under Illinois law, your agent must be at least 18 years of age. They should also have sufficient mental capacity to act on your behalf, but those are the only requirements for an agent under Illinois law.

Many people choose to name their spouse, a close friend, or another relative as their medical power of attorney. With a few limitations, you can choose whoever will make the most sense for your unique situation.

Who can’t be your agent?

A health care agent in Illinois cannot be:

  • Your attending physician
  • Any health care provider or health care professional that is overseeing your care

As long as your agent meets the basic legal requirements and does not involve your health care team, you can name that person.

Can you have more than one agent?

You can name successor agents on your Illinois medical power of attorney form. A successor agent will make medical decisions on your behalf if your designated agent is unable or unwilling to make your medical decisions for you.

Only one person at a time can serve as your agent, but you can name several successor agents if you would like.

Relevant law: 755 ILCS 45/4-5

Step 2: Specify what healthcare decisions your agent can make

Your durable medical power of attorney can be as broad or as limited as you would like. However, the Illinois medical power of attorney form specifically sets out that your agent will be able to act on your behalf with regard to all medical decisions unless they are specifically limited.

Can you limit your agent’s powers?

Yes. You should expressly state which powers you do not want your agent to have.

The powers in the Illinois medial power of attorney form are designed to be broad, so you will need to include a precise description of the decisions that you do not want your agent to make if you’re going to limit that power.

What is your agent legally unable to do?

Illinois law does not have any specific limitations on which decisions a health care agent cannot make with regard to physical health. However, there may be limitations regarding care as it relates to mental health in some circumstances.

When can your agent start making decisions for you?

An agent can start making decisions for you immediately if you set out that is your wish. It is much more common, however, that the agent will start making decisions only after a medical professional declares that you are not competent to make your own medical decisions any longer.

Relevant law: 755 ILCS 45/4-7

Step 3: Sign the form

You are required to sign the medical power of attorney form to make it effective under Illinois law.

Do you need witnesses or notary signatures?

Illinois law requires that you have a witness sign the form to state that they saw you sign the document and that they believe the signature is yours. There is no notary requirement.

Who can’t be a witness?

Witnesses must be at least 18 years of age. They also cannot:

  • Be the agent or successor agent named in the medical power of attorney for health care
  • Be related to you, the agent, or any successor agents by blood, marriage, or adoption
  • Be your physician, registered nurse, dentist, podiatric physician, optometrist, psychologist, or a relative of any of those individuals
  • Be an owner or operator of a health care facility where you receive care or live

How long is your Illinois Medical Power of Attorney Effective?

Your medical power of attorney will remain in place until you revoke it or until all of your directives have been carried out, even if your directives apply to your body’s after-life treatment.

Relevant law: 755 ILCS 45/4-5.1

How to Revoke an Illinois Medical Power of Attorney

If you change your mind about your power of attorney for health care for any reason, you can revoke it by destroying your medical power of attorney documents or creating a revocation of power of attorney. You can also tell any person who is over the age of 18 that you intend to cancel the document. You can also fill out a new form, but a new form is not required to revoke the old form.

Relevant law: 755 ILCS 45/4-6

Medical Power of Attorney: In Other States

  • Indiana
  • Iowa
  • Michigan
  • Minnesota
  • Missouri
  • Wisconsin

Illinois Will & Estate Planning Documents

View All Documents

Assign Power of Attorney

  • Illinois Power of Attorney
Illinois medical power of attorney
PDF Word

Free Illinois Medical Power of Attorney Form

Create Your Illinois Medical Power of Attorney in Minutes!

Legal Documents

  • All Legal Forms
  • Bill of Sale Forms
  • Quitclaim Deed
  • Cease and Desist
  • Last Will and Testament
  • Articles of Incorporation

Popular Forms

  • Lease Agreements
  • Power of Attorney Forms
  • Eviction Notice
  • Living Will
  • Non-Disclosure Agreement

Resources

  • Business
  • Estate Planning
  • Financial
  • Personal & Family
  • Real Estate

Company

  • Home
  • Blog
  • About Us
  • Contact Us
  • Partner With Us

Users

  • Account
  • Pricing
  • Terms of Use
  • Privacy Policy
McAfee - Together is power.
Trustpilot
BBB Accredited Business

(855) 335-9779, Monday-Friday, 10AM - 6PM EDT

Facebook Twitter LinkedIn

Copyright 2021 Legal Templates LLC. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. Legal Templates cannot and does not provide legal advice or legal representation. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Use of this site is subject to our Terms of Use.