Healthcare directive requirements

Illinois

What you need to create a valid advance healthcare directive in Illinois.

Notarization

Not required

Not legally required

Witnesses required

1

Illinois requires 1 witness

Online notary

Authorized

Since 2021

Execution requirements

~

Notarization — Not required

!

Witnesses — 1 required

Illinois requires 1 witness for a valid healthcare directive. Witnesses cannot be your healthcare agent.

Written and signed

The directive must be in writing and signed by you while of sound mind and at least 18 years old.

Distribute copies

Provide signed copies to your healthcare agent, primary care physician, and any hospital or care facility. Keep the original somewhere accessible.

Illinois-specific notes

One witness required — 755 ILCS 45/4-10
Witness cannot be the agent or a healthcare provider
If signing a separate living will declaration, 2 witnesses are required — 755 ILCS 35/3-4
Remote online notarization: Illinois authorized RON in 2021. You may be able to have your directive notarized via video conference through an approved RON provider.

What a healthcare directive covers

A healthcare directive (advance directive) lets you document your medical wishes and name someone to make decisions if you cannot speak for yourself. It typically covers:

  • Who makes medical decisions on your behalf (healthcare proxy / agent)
  • Life-sustaining treatment preferences
  • Artificial nutrition and hydration
  • Palliative care and comfort measures
  • Organ and tissue donation
  • Resuscitation (CPR) preferences

This information is general in nature and not legal advice. Laws change — consult a licensed estate planning attorney in Illinois for guidance specific to your situation.