Frequently Asked Questions (FAQ's) 

This section will provide some questions and answers that provide further information about Illinois Advance Directives. 

Living Will 

Question 1: In Illinois, can the Living Will honored as a physician’s order?

Question 1 Answer: Although the Living Will is considered a legal document, it is not considered a physician’s order (National Institute on Aging [NIA], 2022).

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Question 2: I stated in my Living Will that I do not want any resuscitative interventions, yet I don’t have a DNR.

What happens if I’m in Illinois, and I’m found unresponsive and without breathing or a heartbeat by emergency medical personnel?

Question 2 Answer: Emergency medical providers must provide CPR in this situation.

* Only individuals who have a DNR/POLST form signed by an authorized healthcare providers such as a physician, physicians assistant or advance practice nurse and also signed by the patient or healthcare surrogate will have their request of refusing CPR honored.

* Only the DNR or POLST is honored as a physician’s order and without either order, emergency medical personnel must attempt resuscitation (National Institute on Aging [NIA], 2022).

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Question 3: Is an Illinois Living Will document honored from one state to another? 

Question 3 Answer: No. Although some states may honor an Illinois Living Will, it is not uniformly accepted in all states within the United States (National Institute on Aging [NIA], 2022).

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Question 4: Does an Illinois Living Will allow a spouse or family member to make funeral arrangements following a loved one’s death?

Question 4 Answer: No. The Illinois Living Will only pertains to medical healthcare decision making and is honored only while a person is still alive (National Institute on Aging [NIA], 2022).

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Question 5: How long does an Illinois Living Will remain valid?

Question 5 Answer: This advance directive ends upon the death of the "Principal" unless otherwise indicated by an extended end date provided in the Living Will (National Institute on Aging [NIA], 2022).

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Power of Attorney for Health Care: POA-HC

Question 1:Do I need a lawyer to complete the Illinois Power of Attorney for Health Care?

Question 1 Answer: No. Although this document is considered a legal document, no attorney is required to fill out or complete this form (National Institute on Aging [NIA], 2022).

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Question 2: How much does it cost to secure a blank Illinois Power of Attorney for Healthcare form? 

Question 2 Answer: Nothing. The Illinois Power of Attorney for Health Care document can be downloaded for free online (National Institute on Aging [NIA], 2022).

                  Here is the link for that document below: 

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Question 3: Does an Illinois Power of Attorney for Health Care form need to be notarized?

Question 3 Answer: No. Each state dictates whether the Power of Attorney for Health Care needs to be officially notarized (National Institute on Aging [NIA], 2022).

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Question 4: Does an Illinois Power of Attorney for Health Care form (POA-HC) document, record or communicate any specifics details about a patient’s healthcare wishes?

Question 4 Answer: Yes. Although a Power of Attorney for Health Care form is primarily designed to designate an alternate decision maker for you, it may include healthcare instructions or limitations that you've documented regarding your personal healthcare decisions.

                                                   (Illinois Department of Public Health, 2022).

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Question 5. What happens if you have not chosen someone to act as your Power or Attorney for Health Care? Who makes decisions for you if you are incapacitated and unable to make decisions for yourself?  

Question 5 Answer: In Illinois, is there a hierarchy that determines who can act be assigned as the Power of Attorney for Health Care.

If your are unable to make healthcare decisions for yourself and have no designated  POA-HC (Power of Attorney for Health Care) there is a hierarchy that is used when seeking an eligible alternative decision maker.

The hierarchy follows this order for potential POA-HC candidates: Court-appointed guardian, spouse, adult son or daughter, the mother or father, an adult brother or sister, an adult grandchild, a close friend, and finally a guardian of the estate.

                                  (Estates (755 ILCS 40/) Health Care Surrogate Act, 2026).

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DNR: Do Not Resuscitate 

Question 1. Do I need an Illinois Department of Health DNR form if I DO want ALL resuscitative interventions and desire to have CPR and ventilator support? 

Question 1 Answer: No. You do not need a DNR form if you are found to be without heartbeat or breathing and wish to have resuscitative interventions undertaken.

You only require the DNR or the POLST form if you do not want these resuscitation interventions.

                                               (Illinois Department of Public Health, 2022)

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Question 2 .Do I need to sign an Illinois Department of Health Uniform Do Not Resuscitate document if I’ve already included my healthcare wishes on a Living Will document?

Question 2 Answer: Yes. Either you (or your healthcare surrogate decision maker if you are incapacitated) are required to sign the DNR document in order to activate this advance directive.

                                                   (Illinois Department of Public Health, 2022)

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Question 3: Is an Illinois DNR still in effect if the person who requested it suddenly states that they want everything to be done to keep them alive?

Question 3 Answer: No. The DNR is no longer considered valid if the principle (person named in the DNR order) voices the desire to rescind the DNR and requests life-prolonging interventions instead.

                                                  (Illinois Department of Public Health, 2022)

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Question 4. If a person who has an active Illinois DNR becomes disoriented by medications, illness, or mental or physician impairment, can they rescind a DNR order?

Question 4 Answer: No. Illinois state law dictates that in order to rescind a DNR order the individual must exhibit decisional capacity at the specific time the request to rescind takes place .

Keep in mind that the patient’s cognitive status and their decisional capacity may need to be evaluated by the attending physician. If this physician determines the patient lacks decisional capacity then they are deemed ineligible to make medical decisions for themselves.

                                                   (Illinois Department of Public Health, 2022)  

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Question 5. Can a non-responsive person who has an active Illinois DNR still receive IV antibiotics, IV fluid therapy, artificial nutrition or cardiovascular IV medications?

Question 5 Answer: Yes. If the Illinois DNR or POLST order form does not communicate any refusal of  hydration, nutrition, medication management or antibiotic therapy then these interventions may potentially be used for comfort measures.

                                             (Illinois Department of Public Health, 2022)    

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                   POLST                        Practitioner Orders for Life-Sustaining Treatment

Question 1. Are nationwide health care providers required to honor an Illinois Department of Health POLST Form?

Question 1 Answer: Yes. Hospital, long-term care facilities, nursing homes and emergency medical personnel are required to honor the Illinois Department of Public Health POLST.

                                                            (Illinois Department of Public Health, 2022)

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Question 2. Does an Illinois POLST form honor a patient’s wishes regarding tube feedings, blood transfusions, or interventions such as IV therapy?

Question 2 Answer: Yes. The POLST document may include specific healthcare decisions you have made. The POLST will honor your wishes regarding CPR, tube feedings, blood transfusions, and/or IV therapy interventions as these are not only requests, they are viewed as valid physician orders.

                                                         (Illinois Department of Public Health, 2022) 

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Question 3. Are POLST orders still in effect if a patient suffers a cardiovascular arrest during a surgical operation?

Question 3 Answer: Possibly. The Illinois Department of Public Health indicated that although POLST and DNR orders may be suspended during a surgery, the DNR/POLST orders may be observed if individual has communicated specific and detailed communication of their wishes with the physician and the medical care professionals providing care prior to the procedure that will be done.

In order to ensure your DNR/POLST orders will be followed, it is advisable to have a conversation with the physician and medical care team regarding specific healthcare wishes before the procedure takes place.

                                                             (Illinois Department of Public Health, 2022)

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Question 4. How often should a POLST be updated?

Question 4 Answer: Although there is no expiration date for the POLST document it is suggested that you provide a copy of this advance directive to family, friends and your physician.

                                                           (Illinois Department of Public Health, 2022) 

It may be helpful to have this document easily accessible and in an envelope on your refrigerator labeled “for medical emergency/ emergency medical technician" (EMT). 

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Question 5. Does a signed DNR/POLST mean that I will not get any care or treatment as a result of this request?

Question 5 Answer: No. If you sign a DNR/POLST document and indicate you do not wish to have CPR, the POLST document still affirms that you will receive comfort measures such as medications, oxygen or other measures for comfort.

 (IDPH Uniform Practitioner Order for Life-Sustaining Treatment (POLST) Form, 2022)  

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