Statement Of Illinois Law On Advance Directives Page 2
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3State of Illinois
Department of Human Services
STATEMENT OF ILLINOIS LAW ON ADVANCE
DIRECTIVES
What happens if you don't have an advance directive?
A health care surrogate may be chosen for you if you cannot make health care decisions and do not have an advance
directive. This health care surrogate will be one of the following persons (in order of priority): guardian of the person, spouse,
any adult child(ren), either parent, any adult brother or sister, any adult grandchild(ren), a close friend, or guardian of the estate.
The surrogate can make all health care decisions for you, with four exceptions. First, a health care surrogate cannot tell
your doctor to withdraw or withhold life-sustaining treatment, unless you have a "qualifying condition", which is a terminal
condition, permanent unconsciousness, or an incurable or irreversible condition. Two doctors must certify that you cannot make
decisions and have a qualifying condition in order to withdraw or withhold life-sustaining treatment.
A health care surrogate cannot make decisions concerning mental health treatment, including treatment by electronconvulsive
therapy (ECT), psychotropic medications, or admission to a mental health facility. A health care surrogate can petition a court to
allow these mental health services.
Final Notes
You should talk to your family, your physician, or any agent or attorney-in-fact that you appoint about your decision to make
an advance directive. If they know what health care you want, they will find it easier to follow your wishes. If you change your
mind and cancel your advance directive, tell your family, your doctor, or any agent or attorney-in-fact you appoint.
No facility, doctor, or insurer can make you execute an advance directive. It is entirely your decision. If a facility, doctor, or
insurer objects to following your advance directive, he/she must tell you and offer you assistance in finding alternative care.
Page 2 of 3
IL 462-0007 (R-1-01)
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