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Illinois Statutory Equivalent of Living Will or Declaration

Rockford Illinois Statutory Equivalent of Living Will or Declaration

Name: Rockford Illinois Statutory Equivalent of Living Will or Declaration
Brand: US Legal Forms
Rating: 4.79 (425 reviews)

Category:

Power of Attorney - Healthcare - Living Wills

State:

Illinois

City:

Rockford

Control #:

IL-P024

Format:

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Description

This form is called a "Declaration" and it is the equivalent of a Living Will. It provides instructions to your family and doctors should you have an incurable injury, disease, illness or condition and you are unable to express your wishes with regard to treatment.

The Rockford Illinois Statutory Equivalent of Living Will or Declaration is a legal document that allows individuals to express their medical treatment preferences and end-of-life decisions in the event they become unable to communicate their wishes. It provides a clear set of instructions for healthcare providers and loved ones to follow, ensuring that the individual's desires are respected. In Rockford, there are two main types of statutory equivalents of Living Will or Declaration: 1. Rockford Illinois Statutory Equivalent of Living Will: This type of document outlines an individual's instructions regarding life-sustaining treatments, such as resuscitation, artificial nutrition and hydration, mechanical ventilation, and more. It enables individuals to state their preferences regarding these medical procedures, including whether they wish to receive or refuse such treatments. 2. Rockford Illinois Statutory Equivalent of Healthcare Power of Attorney: This document designates a healthcare agent, also known as a surrogate decision-maker or proxy, who will make medical decisions on behalf of the individual in case they become incapacitated or unable to make decisions. The healthcare agent is entrusted with ensuring that the individual's wishes, as expressed in their Living Will or Declaration, are carried out. The Rockford Illinois Statutory Equivalent of Living Will or Declaration allows individuals to consider various medical scenarios and provide specific instructions for each situation. Some keywords relevant to this topic may include: — End-of-life decision— - Medical treatment preferences — Life-sustaining treatment— - Resuscitation — Artificial nutrition anhydrationio— - Mechanical ventilation — Healthcageagen— - Surrogate decision-maker — Proxy decision-make— - Incapacity - Decision-making authority — Medical scenario— - Treatment instructions It is important to note that the Rockford Illinois Statutory Equivalent of Living Will or Declaration must comply with state laws, ensuring that it is properly executed and witnessed to be legally valid. It is advisable to consult with an attorney or legal professional experienced in estate planning and health law to create a comprehensive and enforceable document that aligns with individual preferences and state regulations.

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How to fill out Rockford Illinois Statutory Equivalent Of Living Will Or Declaration?

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While advance directives are essential for outlining your medical wishes, the Rockford Illinois Statutory Equivalent of Living Will or Declaration offers a more comprehensive approach. This legal document not only specifies your healthcare preferences but also appoints a trusted individual to make decisions on your behalf. By utilizing this statutory equivalent, you can ensure that your values and preferences are honored, even when you cannot communicate them yourself. For those seeking clarity and peace of mind, considering the Rockford Illinois Statutory Equivalent of Living Will or Declaration as a primary choice might be the best decision.

A declaration is similar but not identical to a living will. In the context of the Rockford Illinois Statutory Equivalent of Living Will or Declaration, both documents express individuals' healthcare wishes, but a declaration may also include additional directives regarding end-of-life care and organ donation. While a living will primarily focuses on medical treatment preferences, a declaration can encompass broader health-related decisions. Understanding the distinctions between these two can help you make more comprehensive plans.

Yes, someone can override a living will, but there are restrictions, especially regarding the Rockford Illinois Statutory Equivalent of Living Will or Declaration. If a healthcare provider believes that following the living will contradicts the best interests of the patient, they might consult with ethics committees or family members. However, it is essential for family members and healthcare providers to be clearly informed about your wishes to minimize potential overrides. Clear, open conversations about your preferences help avoid such conflicts.

A living will becomes legal in Illinois when it complies with specific requirements outlined in state law, including the format for the Rockford Illinois Statutory Equivalent of Living Will or Declaration. The document must be signed by you or a legally designated individual, and witnessed by two people who are not beneficiaries. Furthermore, ensuring it incorporates the necessary language to convey your medical treatment preferences solidifies its legal standing. This adherence to legal criteria is crucial for effective utilization.

One main drawback of a living will is the potential for misinterpretation of your wishes regarding the Rockford Illinois Statutory Equivalent of Living Will or Declaration. If your doctors or family members are not fully aware of your intentions, there might be confusion during critical moments. Additionally, living wills may not cover every possible medical situation, leading to decisions that could contradict your true preferences. Therefore, it's essential to communicate your wishes clearly with loved ones.

You can fill out a living will by accessing legal form platforms such as US Legal Forms, which provides templates for the Rockford Illinois Statutory Equivalent of Living Will or Declaration. These platforms offer guided instructions to help you complete the document accurately. Alternatively, you may also seek legal assistance from an attorney familiar with Illinois law to ensure your living will meets all necessary regulations. Consider printing and filling out the forms in a quiet space to ensure accuracy.

To file a living will in Illinois, you need to complete the appropriate forms that meet the criteria for the Rockford Illinois Statutory Equivalent of Living Will or Declaration. After completing the form, it must be signed in the presence of two witnesses. Once executed, you do not need to file your living will with the state; however, keeping copies in accessible locations is advisable. Additionally, sharing copies with family members and your healthcare provider helps ensure your wishes are known.

The living will statute in Illinois outlines the legal requirements for creating a Rockford Illinois Statutory Equivalent of Living Will or Declaration. This document allows individuals to express their wishes regarding medical treatment in the event they are unable to communicate. Understanding this statute is crucial for ensuring your healthcare preferences are respected. It provides clear guidance on who can create a living will and how it must be formatted to be valid.

In Illinois, a living will does not need to be notarized to be valid. However, it must be signed by the individual and witnessed by two people or acknowledged before a notary public. The Rockford Illinois Statutory Equivalent of Living Will or Declaration provides a clear format to follow, making the process straightforward. By ensuring compliance with these requirements, you can confidently communicate your end-of-life preferences.

In Illinois, end of life documents typically include a living will, healthcare power of attorney, and do-not-resuscitate (DNR) orders. These documents help individuals express their wishes regarding medical treatment when they are unable to communicate. The Rockford Illinois Statutory Equivalent of Living Will or Declaration serves as a vital guide for healthcare providers and loved ones in such situations. Creating these documents ensures your preferences are respected and can alleviate stress during difficult times.

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Statutory Requirements. Stakeholders are those who live, work, and play in the watershed.Missing: Rockford Illinois JUSTICE OVERSTREET delivered the judgment of the court, with opinion. Justices Garman, Michael J. Burke, and Carter concurred in the judgment and opinion.

Justice Breyer was not present for the decision. O: STEVEN S. HARRIS, ATTORNEYS: Steven Harris, Robert P. Stahl, William E. Auerbach, Jr., Patricia A. Harris, Mary W. McCarty, Patrick M. Agent, Daniel J. Murphy, Paul J. Recce, Richard V. Haynes, Thomas Far & Hadden, LLC, on behalf of Citizens for a Better Environment, Inc., and Josephine L. Smith, on behalf of the State of Illinois, for the plaintiffs in No. 98-1836 and for the defendants in No. 98-1837. The cases are before the Court on an interlocutory appeal. No. CV 92-1706 W.J.F.H., Judge: S.B.H., Chief Judge., presiding. J.F.F., Judges: J. Far & Hadden, LLC, C. Burch, L. Parts & Far, LLP, for the Plaintiffs. W.H.C.Y., Counsel for CEA. I.M.M., Counsel for MPS. G.P., Counsel for Illinois Department of Natural Resources, for the Defendants. K.K.P., Counsel for the State of Illinois, for Appellant. BERGER, Chief Judge.

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Statutory Equivalent of Living Will or Declaration

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE ILLINOIS COMPILED STATUTES

DECLARATION (LIVING WILL)
(§§ 755 ILCS 35/1 through 755 ILCS 35/9)

755 ILCS 35/1: Purpose. The legislature finds that persons have the fundamental right to control the decisions relating to the rendering of their own medical care, including the decision to have death delaying procedures withheld or withdrawn in instances of a terminal condition. In order that the rights of patients may be respected even after they are no longer able to participate actively in decisions about themselves, the legislature hereby declares that the laws of this State shall recognize the right of a person to make a written declaration instructing his or her physician to withhold or withdraw death delaying procedures in the event of a terminal condition.

755 ILCS 35/2: Definitions:

(a) "Attending physician" means the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient.
(b) "Declaration" means a witnessed document in writing, voluntarily executed by the declarant in accordance with the requirements of Section 3.
(c) "Health-care provider" means a person who is licensed, certified or otherwise authorized by the law of this State to administer health care in the ordinary course of business or practice of a profession.
(d) "Death delaying procedure" means any medical procedure or intervention which, when applied to a qualified patient, in the judgment of the attending physician would serve only to postpone the moment of death. In appropriate circumstances, such procedures include, but are not limited to, assisted ventilation, artificial kidney treatments, intravenous feeding or medication, blood transfusions, tube feeding and other procedures of greater or lesser magnitude that serve only to delay death. However, this Act does not affect the responsibility of the attending physician or other health care provider to provide treatment for a patient's comfort care or alleviation of pain. Nutrition and hydration shall not be withdrawn or withheld from a qualified patient if the withdrawal or withholding would result in death solely from dehydration or starvation rather than from the existing terminal condition.
(e) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, government, governmental subdivision or agency, or any other legal entity.
(f) "Physician" means a person licensed to practice medicine in all its branches.
(g) "Qualified patient" means a patient who has executed a declaration in accordance with this Act and who has been diagnosed and verified in writing to be afflicted with a terminal condition by his or her attending physician who has personally examined the patient. A qualified patient has the right to make decisions regarding death delaying procedures as long as he or she is able to do so.
(h) "Terminal condition" means an incurable and irreversible condition which is such that death is imminent and the application of death delaying procedures serves only to prolong the dying process. (Source: P.A. 85-860.)

755 ILCS 35/3: Execution of a Document.

(a) An individual of sound mind and having reached the age of majority or having obtained the status of an emancipated person pursuant to the "Emancipation of Mature Minors Act", as now or hereafter amended, may execute a document directing that if he is suffering from a terminal condition, then death delaying procedures shall not be utilized for the prolongation of his life.
(b) 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.
(c) The declaration of a qualified patient diagnosed as pregnant by the attending physician shall be given no force and effect as long as in the opinion of the attending physician it is possible that the fetus could develop to the point of live birth with the continued application of death delaying procedures.
(d) If the patient is able, it shall be the responsibility of the patient to provide for notification to his or her attending physician of the existence of a declaration, to provide the declaration to the physician and to ask the attending physician whether he or she is willing to comply with its provisions. An attending physician who is so notified shall make the declaration, or copy of the declaration, a part of the patient's medical records. If the physician is at any time unwilling to comply with its provisions, the physician shall promptly so advise the declarant. If the physician is unwilling to comply with its provisions and the patient is able, it is the patient's responsibility to initiate the transfer to another physician of the patient's choosing. If the physician is unwilling to comply with its provisions and the patient is at any time not able to initiate the transfer, then the attending physician shall without delay notify the person with the highest priority, as set forth in this subsection, who is available, able, and willing to make arrangements for the transfer of the patient and the appropriate medical records to another physician for the effectuation of the patient's declaration. The order of priority is as follows:
(1) any person authorized by the patient to make such arrangements,
(2) a guardian of the person of the patient, without the necessity of obtaining a court order to do so, and
(3) any member of the patient's family.
(e) The declaration may, but need not, be in the following form, and in addition may include other specific directions. Should any specific direction be determined to be invalid, such invalidity shall not affect other directions of the declaration which can be given effect without the invalid direction, and to this end the directions in the declaration are severable.

755 ILCS 35/4: Recording of a Terminal Condition. Upon determining that the declarant has a terminal condition, the attending physician who knows of a declaration shall record the determination and the terms of the declaration in the declarant's medical record. A physician who records in writing a terminal condition under this Section is presumed to be acting in good faith. Unless it is alleged and proved that his action violated the standard of reasonable professional care and judgment under the circumstances, he is immune from civil or criminal liability that otherwise might be incurred.

755 ILCS 35/5: Revocation.
(a) A declaration may be revoked at any time by the declarant, without regard to declarant's mental or physical condition, by any of the following methods:

(1) By being obliterated, burnt, torn or otherwise destroyed or defaced in a manner indicating intention to cancel;
(2) By a written revocation of the declaration signed and dated by the declarant or person acting at the direction of the declarant; or
(3) By a oral or any other expression of the intent to revoke the declaration, in the presence of a witness 18 years of age or older who signs and dates a writing confirming that such expression of intent was made.

(b) A revocation is effective upon communication to the attending physician by the declarant or by another who witnessed the revocation. The attending physician shall record in the patient's medical record the time and date when and the place where he or she received notification of the revocation.

(c) There shall be no criminal or civil liability on the part of any person for failure to act upon a revocation made pursuant to this Section unless that person has actual knowledge of the revocation.

755 ILCS 35/6: Physician Responsibilities. An attending physician who has been notified of the existence of a declaration executed under this Act, without delay after the diagnosis of a terminal condition of the patient, shall take the necessary steps to provide for written recording of the patient's terminal condition, so that the patient may be deemed to be a qualified patient under this Act, or shall notify the patient or, if the patient is unable to initiate a transfer, the person or persons described in subsection (d) of Section 3 in the order of priority stated therein that the physician is unwilling to comply with the provisions of the patient's declaration.

(755 ILCS 35/7) Sec. 7. Immunity. The desires of a qualified patient shall at all times supersede the effect of the declaration. A physician or other health-care provider may presume, in the absence of knowledge to the contrary, that a declaration complies with this Act and is valid. No physician, health care provider or employee thereof who in good faith and pursuant to reasonable medical standards causes or participates in the withholding or withdrawing of death delaying procedures from a qualified patient pursuant to a declaration which purports to have been made in accordance with this Act shall as a result thereof, be subject to criminal or civil liability, or be found to have committed an act of unprofessional conduct.

755 ILCS 35/8:
(a) Any person who willfully conceals, cancels, defaces, obliterates, or damages the declaration of another without such declarant's consent or who falsifies or forges a revocation of the declaration of another or who willfully fails to comply with Section 6 shall be civilly liable.
(b) Any person who coerces or fraudulently induces another to execute a declaration or falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of a revocation as provided in Section 5 with the intent to cause a withholding or withdrawal of death delaying procedures contrary to the wishes of the qualified patient and thereby, because of such act, directly causes death delaying procedures to be withheld or withdrawn and death to another thereby be hastened, shall be subject to prosecution for involuntary manslaughter.
(c) A physician or other health-care provider who willfully fails to notify the health care facility or fails to comply with Section 6 is guilty of engaging in unethical and unprofessional conduct in violation of paragraph (A)(5) of Section 22 of the Medical Practice Act of 1987.
(d) A physician who willfully fails to record the determination of terminal condition in accordance with Section 4, without giving the notice required by Section 6 of his unwillingness to comply with the provisions of the patient's declaration, is guilty of willfully omitting to file or record medical reports as required by law in violation of paragraph (A)(22) of Section 22 of the Medical Practice Act of 1987.
(e) A person who requires or prohibits the execution of a declaration as a condition for being insured for, or receiving, health-care services is guilty of a class A misdemeanor.
(f) The penalties provided in this Section do not displace any penalty applicable under other law.

755 ILCS 35/9: General provisions.
(a) The withholding or withdrawal of death delaying procedures from a qualified patient in accordance with the provisions of this Act shall not, for any purpose, constitute a suicide.
(b) The making of a declaration pursuant to Section 3 shall not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of death delaying procedures from an insured qualified patient, notwithstanding any term of the policy to the contrary.
(c) No physician, health care facility, or other health care provider, and no health care service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare benefit plan, non-profit medical service corporation or mutual nonprofit hospital service corporation shall require any person to execute a declaration as a condition for being insured for, or receiving, health care services.
(d) Nothing in this Act shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of death delaying procedures in any lawful manner. In such respect the provisions of this Act are cumulative.
(e) This Act shall create no presumption concerning the intention of an individual who has not executed a declaration to consent to the use or withholding of death delaying procedures in the event of a terminal condition.
(f) Nothing in this Act shall be construed to condone, authorize or approve mercy killing or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying as provided in this Act.
(g) An instrument executed before the effective date of this Act that substantially complies with paragraph (e) of Section 3 shall be given effect pursuant to the provisions of this Act.
(h) A declaration executed in another state in compliance with the law of that state or this State is validly executed for purposes of this Act, and such declaration shall be applied in accordance with the provisions of this Act.

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

Statutory Equivalent of Living Will or Declaration

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE ILLINOIS COMPILED STATUTES

DECLARATION (LIVING WILL)
(§§ 755 ILCS 35/1 through 755 ILCS 35/9)

755 ILCS 35/2: Definitions:

755 ILCS 35/3: Execution of a Document.

755 ILCS 35/5: Revocation.
(a) A declaration may be revoked at any time by the declarant, without regard to declarant's mental or physical condition, by any of the following methods:

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

Rockford Illinois Statutory Equivalent of Living Will or Declaration

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What is a better alternative to advance directives?

Is a declaration the same as a living will?

Can someone override a living will?

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What is the main drawback of a living will?

Where can I fill out a living will?

How to file a living will in Illinois?

What is the living will statute in Illinois?

Does a living will need to be notarized in Illinois?

What are the end of life documents in Illinois?

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