http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/index.html LawInfo - Legal Resource Center offers free Illinois Estate Planning legal forms and free Illinois Estate Planning legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/can-i-revoke-my-living-will.html The Living Will can be revoked at any time by the patient simply tearing the form, or documenting the patient's wish to revoke the form, or in writing by the patient. Illinois Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/how-is-a-living-will-different-from-a-durable.html The primary differences between the Living Will and the Durable Power of Attorney for Health Care are that the Living Will applies only when a physician has determined that the patient suffers from a terminal, incurable or irreversible condition and death is imminent. The Durable Power of Attorney for Health Care allows the agent to make decisions anytime the patient is unable to make decisions on his/her own behalf. The Living Will declares specific treatment decisions, where the Durable Power of Attorney for Health Care names an agent to make the decisions for the patient. Note: specific instructions may be given to the agent in the Durable Power of Attorney form, if desired. Illinois Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/what-is-a-living-will.html The Living Will form allows a patient to specify in advance that she does not wish to receive health care treatment if he/she should suffer from an incurable or irreversible injury, disease, or illness, and is not able to make health care treatment decisions for him/herself. Illinois Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/what-is-the-durable-power-of-attorney-for-hea.html The Durable Power of Attorney for Health Care allows an individual to specify in advance who should make health care treatment decisions for her if she should become unable to make these decisions for herself. Illinois Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/what-is-the-mental-health-treatment-declarati.html The Mental Health Treatment Declaration allows an adult of sound mind to declare in advance her preferences or instructions for mental health treatment should she become unable to make decisions for herself due to the symptoms of a mental disorder, and to name an individual to make decisions on her own behalf. Illinois Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/what-treatments-are-covered.html The Durable Power of Attorney for Health Care provides the person named as "agent" with broad powers, to provide consent or refusal for any type of medical care or treatment. Illinois Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/what-treatments-are-covered.html The Living Will covers any treatment that might be considered life prolonging, or artificially extending the dying process. A Living Will requires that comfort­care treatment always be provided. Illinois Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/what-treatments-are-covered.html The Mental health Treatment Declaration covers 3 types of mental health treatment: electro convulsive treatment (ECT); psychotropic medication; and admission to and retention in a mental health facility. Illinois Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/when-does-it-apply.html The Durable Power of Attorney for Health Care applies any time the patient is unable to make heath care treatment decisions for herself. Unlike the Living Will, the patient does not need to be suffering from a terminal, incurable or irreversible condition for the Durable Power of Attorney for Health Care to apply. Illinois Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/when-does-it-apply.html The Living Will applies only when it has been determined by a physician that the patient is suffering from an incurable or irreversible condition. Illinois Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/when-does-it-apply.html The Mental Health Treatment Declaration takes effect only after two physicians have determined that the patient is unable to make decisions for herself. Illinois Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/when-is-the-living-will-effective.html The Living Will only becomes effective when the patient is unable to make decisions for him/herself; so long as he/she is able to make decisions, the Living Will cannot be invoked. Illinois Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/which-form-should-i-fill-out.html Which form you should be filled out will depend on the particular advance directive needs you have. For example, if you do not want someone else to make decisions concerning life­prolonging treatment for you, fill out a Living Will. However, if you want someone to be able to make decisions on your behalf, and you do not want this power limited to conditions which a physician has determined to be terminal, and incurable or irreversible, then fill out a Durable Power of Attorney for Health Care. Illinois Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/who-can-be-named-the-agent.html Anyone over the age of 18 can be named the agent, except for the physician providing care to that patient. The agent named has no legal obligation to serve in this role. Illinois Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/who-can-fill-out-a-durable-power-of-attorney.html Any adult of sound mind may fill out a Durable Power of Attorney for Health Care. A witness must also sign it. The person(s) named as agent may also sign it, but this is not required. The Durable Power of Attorney for Health Care can be revoked at any time, by the patient simply tearing the form or documenting the patient's request to revoke the form, or in writing by the patient. Illinois Estate Planning FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/who-can-fill-out-a-living-will.html Anyone over the age of 18 and who is of sound mind can fill out a Living Will. Two adults must also witness it. Illinois Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Illinois/who-can-fill-out-a-mental-health-treatment-de.html Anyone 18 years of age or older, who is of sound mind (as confirmed by two adult witnesses, who do not need to be physicians) can fill out a Mental Health Treatment Declaration. These two witnesses must sign the document. The Mental Health Treatment Declaration can only be revoked in writing, and only when the patient has been determined by a physician to be capable of making health care treatment decisions. 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