Illinois: Health Care Power of Attorney Requirements

Illinois calls this document a power of attorney for health care (the statute
also uses the umbrella term "health care agency"). It names another adult — your
health care agent — to make medical decisions for you. The rules are in
Article IV of the Illinois Power of Attorney Act, 755 ILCS 45/4-1 and following,
also known as the Powers of Attorney for Health Care Law. Illinois publishes an
optional statutory short form at § 4-10, but you are free to use another form as
long as it names your agent, states the agent's powers, and meets the one
limitation in § 4-5.

Requirements one by one

Governing law and document

A health care agency is any written instrument that delegates health care
decisions to an agent (§ 4-4(c)). Section 4-10(a) makes clear the state form is
not the only option: "[n]onstatutory health care powers must be executed by the
principal, designate the agent and the agent's powers, and comply with the
limitations in Section 4-5 of this Article, but they need not ... conform in any
other respect to the statutory health care power." Your agent must be at least 18
(§ 4-4(e-5)).

Witnesses or notary

Illinois requires one witness and no notary — a lighter execution formality
than most states, which take two witnesses or a notary. Section 4-5.1(a) says
"[e]very health care agency shall bear the signature of a witness to the signing
of the agency," and "[n]o witness may be under 18 years of age." The statutory
form spells out the no-notary point in its instructions: "There is no need to have
the form notarized" (§ 4-10).

Who can't witness or serve

This is Illinois's real trap, because the disqualified list is unusually wide.
Under § 4-5.1, the witness may not be your treating physician, APRN, physician
assistant, dentist, podiatrist, optometrist, or psychologist (or a relative of
one); an owner or operator (or their relative) of a facility where you are a
patient or resident; a parent, sibling, or descendant — or the spouse of one —
of either you or the agent (or a successor agent); or the agent itself. In
practice that means a close relative of the person you are naming cannot be your
witness, which surprises families who expected a spouse or adult child to sign.

On serving as agent, § 4-5 bars only providers actively caring for you: "[n]either
the attending physician nor any other health care provider or health care
professional may act as agent," though a physician who is not treating you (say, a
sibling who happens to be a doctor) may serve.

When the agent can act

By default the power is springing. On the statutory form, one checkbox lets
your agent "[m]ake decisions for me only when I cannot make them," and the form
provides that if no box is checked, that springing option applies (§ 4-10(b)). A
physician makes the capacity call using a defined standard: under § 4-10(d), a
physician may find you unable to make health care decisions "only if the principal
lacks decisional capacity, as that term is defined in Section 10 of the Health
Care Surrogate Act." A second checkbox lets you instead grant authority "starting
now," so a person who wants their agent involved immediately can choose that.

Agent's powers and limits

The default grant is deliberately broad. Section 4-3 delegates "all powers an
individual may have to be informed about and to consent to or refuse or withdraw
any type of health care," and the statutory form states the grant "is intended to
be as broad as possible ... including withdrawal of nutrition and hydration and
other life-sustaining measures" (§ 4-10(c)). Illinois does not impose the
categorical exclusions some states list; instead the limits are whatever you
write onto the form. The agency can also reach past death for anatomical gifts,
autopsy, and disposition of remains (§§ 4-3, 4-7(d)).

How to revoke

Revocation is easy and can happen "at any time, without regard to the principal's
mental or physical condition" (§ 4-6(a)). You can destroy the document, sign and
date a written revocation, or simply say you are revoking it in front of a witness
18 or older who signs a writing confirming it. One optional feature: § 4-6(a-5)
lets you build in a 30-day delay before a revocation takes effect, so a moment of
confusion does not instantly strip your agent's authority.

Out-of-state directives

Article IV has no express clause honoring out-of-state directives. But because
§ 4-10(a) validates any nonstatutory health care power that is executed by the
principal, designates the agent and the agent's powers, and complies with § 4-5, a
document you signed in another state can function in Illinois as a nonstatutory
health care power without having used the Illinois form.

What trips people up

• A close relative usually cannot be your witness. Section 4-5.1 disqualifies
  a parent, sibling, or descendant (or their spouse) of either you or your agent.
  Because most people name a spouse or child as agent, a sibling or parent of that
  person is also blocked. Pick a neutral witness — a friend, neighbor, or
  coworker who is not related to you or your agent and is not your treating
  provider.
• You do not need a notary — one witness is enough. Illinois asks for a single
  qualifying witness (§ 4-5.1(a)); notarization is neither required nor a
  substitute (§ 4-10).
• Decide now whether your agent acts immediately or only later. The form's
  default is springing — your agent acts only when a physician finds you lack
  decisional capacity (§ 4-10(b), (d)). If you want your agent able to act right
  away, you must affirmatively check the "starting now" box.
• Divorce does not automatically remove a spouse-agent. Illinois's revocation
  statute (§ 4-6) lists the ways to revoke and does not make divorce one of them.
  Unlike several states, a later divorce leaves your former spouse in place as
  agent until you revoke and sign a new document.

Common questions

Does an Illinois health care power of attorney have to be notarized?
No. One qualifying witness who is at least 18 must sign it; there is no notary
requirement (§§ 4-5.1(a), 4-10).

Can my spouse or adult child be my witness if I name the other as agent?
Often no. A parent, sibling, or descendant of you or of your agent — and their
spouses — cannot witness (§ 4-5.1(a)(3)). If you name your spouse as agent, use a
witness who is unrelated to both of you.

We got divorced — is my ex still my health care agent?
Yes, unless you revoke. Illinois does not automatically cancel a spouse-agent on
divorce; revoke the old document and sign a new one naming someone else (§ 4-6).

Will the health care directive I signed in another state work in Illinois?
Generally yes. If it was signed by you, names an agent and the agent's powers, and
complies with § 4-5, it works in Illinois as a nonstatutory health care power
(§ 4-10(a)).

Statutes and sources

• 755 ILCS 45/4-3 — general principles: broad delegable health care powers;
  agency may extend beyond death.
  https://www.ilga.gov/documents/legislation/ilcs/documents/075500450k4-3.htm (accessed 2026-07-16)
• 755 ILCS 45/4-4 — definitions, including "health care agent" (at least 18).
  https://www.ilga.gov/documents/legislation/ilcs/documents/075500450k4-4.htm (accessed 2026-07-16)
• 755 ILCS 45/4-5 — no treating physician or provider may serve as agent.
  https://www.ilga.gov/documents/legislation/ilcs/documents/075500450k4-5.htm (accessed 2026-07-16)
• 755 ILCS 45/4-5.1 — one witness (18+) required; who may not witness.
  https://www.ilga.gov/documents/legislation/ilcs/documents/075500450k4-5.1.htm (accessed 2026-07-16)
• 755 ILCS 45/4-6 — revocation methods and optional 30-day delayed revocation.
  https://www.ilga.gov/documents/legislation/ilcs/documents/075500450k4-6.htm (accessed 2026-07-16)
• 755 ILCS 45/4-10 — statutory short form; no-notary instruction; broad grant
  including nutrition and hydration; springing default and immediate-effect
  election; decisional-capacity standard.
  https://www.ilga.gov/documents/legislation/ilcs/documents/075500450k4-10.htm (accessed 2026-07-16)