Revocation of Statutory Equivalent of Living Will or Declaration - Illinois 2025

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A power of attorney cannot override a living will if the principal created this while they were of sound mind and fully comprehended their decisions. The only exception is if the patient includes a condition in the living will that allows a proxys decision to override theirs.
3-4. Explanation of powers granted in the statutory short form power of attorney for property. This Section defines each category of powers listed in the statutory short form power of attorney for property and the effect of granting powers to an agent, and is incorporated by reference into the statutory short form.
Death means when, ing to accepted medical standards, there is (i) an irreversible cessation of circulatory and respiratory functions or (ii) an irreversible cessation of all functions of the entire brain, including the brain stem.
Even though your living will sets out your medical wishes, it cant cover every circumstance, so its essential to designate a person who has a durable power of attorney for healthcare who can make decisions on your behalf; decisions not covered by your living will.
Illinois recognizes the right of a person to make a written declaration instructing his or her physician to withhold or withdraw death delaying procedures in the event of a terminal condition. See 755 ILCS 35/1.
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Two people must witness your signing of the living will. Your health care professional cannot be a witness. It is your responsibility to tell your health care professional if you have a living will, if you are able to do so.
(a) A will may be revoked only (1) by burning, cancelling, tearing or obliterating it by the testator himself or by some person in his presence and by his direction and consent, (2) by the execution of a later will declaring the revocation, (3) by a later will to the extent that it is inconsistent with the prior will

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