Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(755 ILCS 40/15)
(from Ch. 110 1/2, par. 851-15)
This Act applies to patients who lack
or who have a qualifying condition. This Act does not
apply to instances in which the patient has an operative and unrevoked
living will under the Illinois Living Will Act, an operative and unrevoked
declaration for mental health treatment under the Mental Health Treatment
Preferences Declaration Act, or an authorized agent under
a power of attorney for health care under the Illinois Power of Attorney
Act and the patient's condition falls within the coverage of the living
will, the declaration for mental health treatment, or the power of attorney
for health care. In those instances, the
living will, declaration for mental health treatment, or power of
attorney for health care, as the case may be, shall
be given effect according to its terms. This Act does apply in
circumstances in which a patient has a qualifying condition but the
patient's condition does not fall within the coverage of the living will, the
declaration for mental health treatment, or
the power of attorney for health care.
Each health care facility shall maintain any advance
directives proffered by the patient or other authorized person,
including a do not resuscitate order, a living will, a declaration for mental
health treatment, a declaration of a potential surrogate or surrogates should the person become incapacitated or impaired, or a
power of attorney for health care, in the patient's medical records. This Act does apply to patients without
a qualifying condition. If a patient is an adult with
capacity, then the right to refuse medical treatment
not require the presence of a qualifying condition.
(Source: P.A. 96-448, eff. 1-1-10; 96-492, eff. 8-14-09; 96-1000, eff. 7-2-10.)