Illinois Power of Attorney for Health Care: How the Statutory Form Works

An Illinois power of attorney for health care lets you name a person, your agent, to make medical decisions for you if you cannot make them yourself. It is one of the most important documents an adult can sign, and in Illinois it is also one of the easiest: there is an official statutory form, it needs only one witness, and it does not need a notary.

This guide walks through the Illinois statutory form section by section, explains the signing rules, and covers the mistakes we see most often.

The official Illinois form

The form is set out in the Illinois Power of Attorney Act at 755 ILCS 45/4-10. The Illinois Department of Public Health publishes a free fillable PDF of the same form. Hospitals and doctors in Illinois see it every day, which makes it easy to use.

Filling out the form, step by step

1. Name your agent

Your agent must be at least 18. Pick someone who knows your values, can stay calm under pressure, and will follow your wishes even when family members disagree. Talk to them before you sign.

2. Name successor agents

Successor agents are backups. Under the form, they act one at a time, in the order you list them, only if the agent before them cannot or will not serve. Naming at least one successor is strongly recommended.

3. Decide when your agent’s authority starts

The form gives three choices (IDPH form):

• Your agent decides only when you cannot, as determined by your doctor(s). This is the default if you check no box or more than one.
• The same, but starting now your agent can also access and share your medical and mental health records and talk with your providers.
• Your agent can make decisions starting now, while you can still make your own decisions too.

Many people choose the second option, so their agent can get information from doctors without HIPAA delays.

4. Life-sustaining treatment (optional)

You can pick one of two statements: prioritize quality of life and comfort over prolonging life in the condition the form describes, or prolong life as much as possible. You can also leave this section blank and let your agent decide based on what they know about you.

5. Limits and special instructions (optional)

You can write in specific limits, religious preferences, or wishes about organ donation, autopsy, and what happens to your remains. The statutory form already covers decisions about your body after death, including cremation and burial (755 ILCS 45/4-10).

Signing rules: one witness, no notary

You must sign the form in front of one adult witness, who also signs. The form says there is no need to have it notarized. You can sign with a written signature or initials, or with an electronic signature (755 ILCS 45/4-10).

The witness cannot be:

• your agent or any successor agent
• related to you or any named agent by blood, marriage, or adoption
• your listed health care professional, or a relative of that person
• an owner or operator, or a relative of an owner or operator, of the facility where you are a patient or resident

Using a family member as the witness is the most common mistake we see. It can make the document invalid when it is needed most.

After you sign

• Give copies to your agent, each successor agent, and your doctor.
• Bring a copy if you go to the hospital, and tell close family it exists.
• Review it after major life changes: marriage, divorce, a move, a new diagnosis, or if your agent can no longer serve.

How it fits with your other documents

• Power of attorney for property. A separate Illinois statutory form covers your finances. It needs one witness and a notary (Illinois statutory property form).
• Living will. States your wishes about life-prolonging treatment if you have a terminal condition. See living will vs. DNR.
• POLST. A medical order signed with your doctor for people with serious illness. See our Illinois POLST guide.
• Disputes. If you are worried an agent is not acting in someone’s best interest, see challenging a health care power of attorney in Illinois.

When to get help

The statutory form works well for many people. It makes sense to have an attorney prepare or review it when you also need a will, trust, or property power of attorney, have a blended family, own property in Missouri as well as Illinois, or want detailed instructions that go beyond the checkboxes.

Frequently asked questions

Does an Illinois health care power of attorney need to be notarized?

No. The Illinois statutory form needs your signature and one adult witness. The form itself states there is no need to have it notarized. This is different from the Illinois power of attorney for property, which needs a witness and a notary.

Who can be a witness for an Illinois health care power of attorney?

An adult who is not your agent or successor agent, not related to you or any named agent by blood, marriage, or adoption, not your listed health care professional or that person’s relative, and not an owner or operator (or relative of one) of the facility where you live or are a patient.

When can my agent start making decisions?

By default, only when your doctors determine you cannot make decisions yourself. The form also lets you allow your agent to access your medical records now, or to make decisions now while you are still able to decide for yourself.

Can I sign the Illinois health care power of attorney electronically?

Yes. The current statutory form allows a written signature or initials, or an electronic signature or computer-generated signature code.

Where do I get the official Illinois form?

The Illinois Department of Public Health publishes the Illinois Statutory Short Form Power of Attorney for Health Care as a free PDF.

This article is general information about Illinois and Missouri law, not legal advice for your situation. Reading it does not create an attorney-client relationship. Attorney advertising.

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