Updated August 3, 2026. Quick answer: Illinois calls this instrument living will (declaration), power of attorney for health care. To execute it you need 2 witnesses — and the state requires Witnesses only — no notary path stated. Getting that conjunction 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 |
| Witnesses or notary? | Witnesses only — no notary path stated |
| Who may NOT witness | Witnesses must attest they are not entitled to any portion of the declarant’s estate under the laws of intestate succession or under any will of the declarant, and are not directly financially responsible for the declarant’s medical care. |
| If you are in a care facility | No special rule found in the text we read |
| 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
We did not find an official state form. That does not mean none exists. A directive does not require a state form to be valid, provided it is executed as the statute requires.
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 official ilga.gov for the Living Will Act (755 ILCS 35/3). The separate Illinois Power of Attorney Act (755 ILCS 45, Article IV, health care agency) was located (ActID=2113) but its execution/witness section text was not retrieved in time, so this record does not independently confirm POA-specific execution rules or whether a statutory POA form exists there. No facility-employee-specific witness disqualification was found in the Living Will Act text reviewed.
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.