Clear Money Guide
What this state guide covers
A quick view of the questions, practical details and source notes below.
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Updated August 3, 2026. Quick answer: Illinois calls this instrument living will (declaration), power of attorney for health care. To execute the living will declaration you need 2 witnesses at least 18 years old, and the statutory short form power of attorney for health care needs 1 witness; neither statutory form calls for a notary. Getting the execution formalities wrong is the most common way a directive fails when it is needed.
The execution box
| What the state calls it | living will (declaration), power of attorney for health care |
|---|---|
| Witnesses required | 2 for the living will declaration; 1 for the statutory power of attorney for health care form |
| Witnesses or notary? | Witnesses only — no notary path stated |
| Who may NOT witness | The optional statutory living will form has each witness state that, at the date of the instrument, the witness is not entitled to any portion of the declarant’s estate according to the laws of intestate succession or, to the best of the witness’s knowledge and belief, under any will of the declarant or other instrument taking effect at death, and is not directly financially responsible for the declarant’s medical care. On the statutory power of attorney for health care form, the witness states that the witness is at least 18, is not the agent or a successor agent, is not related to the principal, the agent, or a successor agent by blood, marriage, or adoption, is not the principal’s physician, advanced practice registered nurse, dentist, podiatric physician, optometrist, psychologist, or a relative of one of those individuals, and is not an owner or operator (or the relative of an owner or operator) of the health care facility where the principal is a patient or resident. |
| If you are in a care facility | The Living Will Act has no facility rule. For the statutory power of attorney for health care form, a witness may not be an owner or operator (or the relative of an owner or operator) of the health care facility where the principal is a patient or resident |
| Authority | 755 ILCS 35/3 (Illinois Living Will Act) |
What the statute says
The declaration must be signed by the declarant, or another at the declarant’s direction, and witnessed by 2 individuals 18 years of age or older.
— 755 ILCS 35/3 (Illinois Living Will Act)
The form
The Illinois Compiled Statutes print a statutory living will declaration form (755 ILCS 35/3(e)) and a statutory short form power of attorney for health care (755 ILCS 45/4-10), both optional
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room — family, the treating doctor, facility staff — are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above — several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
Verified on ilga.gov for the Living Will Act (755 ILCS 35/3) and the Illinois Power of Attorney Act, section 4-10 (statutory short form power of attorney for health care). The Living Will Act text has no facility-employee witness disqualification; the statutory power of attorney form does exclude owners and operators of the facility where the principal is a patient or resident.
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.