Illinois Mandates Advance Directive Compliance

Illinois has amended its Living Will Act to mandate compliance with instructional advance directives.

"A physician, health care provider, employee, or facility may rely on and must comply with a qualified patient's declaration that is apparent and immediately available if a patient has been determined to be a qualified patient and the patient lacks ability to give directions regarding the use of death delaying procedures."  

"No physician, health care provider, employee, or facility may require the execution of a POLST or other such similar form to put into effect the qualified patient's declaration if a patient has been determined to be a qualified patient."

Still, the new amendments also provide that instructional advance directives are "not operative as long as an agent is available who is authorized by a health care agency to make decisions concerning life-sustaining or death delaying procedures for the patient, and nothing in this Act may impair or supersede the authority of an agent under a health care agency to make decisions regarding life-sustaining or death delaying treatment."