Illinois Living Will Declaration Template (Page 6 of 8) in pdf

(Sec. 4-5.)

Limitations on health care agencies. Neither the attending physician nor

any other health care provider may act as agent under a health care agency; however, a

person who is not administering health care to the patient may act as health care agent for

the patient even though the person is a physician or otherwise licensed, certified,

authorized, or permitted by law to administer health care in the ordinary course of

business or the practice of a profession.

(Sec. 4-6.) Revocation and amendment of health care agencies.

(a) Every health care agency may be revoked by the principal at any time, without

regard to the principal'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 revoke; 2.

By a written revocation of the agency signed and

dated by the principal or person acting at the direction of the principal; or 3. By an oral

or any other expression of the intent to revoke the agency 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) Every health care agency may be amended at any time by a written

amendment signed and dated by the principal or person acting at the direction of the

principal.

communicated or delivered shall make all reasonable efforts to inform the agent of that

fact as promptly as possible.

(Sec. 4-9.) Penalties.

All persons shall be subject to the following sanctions in relation to health care

agencies, in addition to all other sanctions applicable under any other law or rule of

professional conduct:

(a) Any person shall be civilly liable who, without the principal's consent, willfully

conceals, cancels or alters a health care agency or any amendment or revocation of the

agency or who falsifies or forges a health care agency, amendment or revocation.

(b) A person who falsifies or forges a health care agency or willfully conceals or

withholds personal knowledge of an amendment or revocation of a health care agency

with the intent to cause a withholding or withdrawal of life-sustaining or death-

delaying procedures contrary to the intent of the principal and thereby, because of such

act, directly causes life-sustaining or death-delaying procedures to be withheld or

withdrawn and death to the patient to be hastened shall be subject to prosecution for

involuntary manslaughter.

condition of insuring or providing any type of health care services to the patient shall be

civilly liable and guilty of a Class A misdemeanor.

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