Illinois Compiled Statutes

755 ILCS 40/1 (2026)

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✓ current as of May 2026
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(755 ILCS 40/1) (from Ch. 110 1/2, par. 851-1)
    Sec. 1. Short title. This Act may be cited as the Health Care Surrogate Act.
(Source: P.A. 87-749.)

    
Notes of Decisions
Cited in 19 cases, 1995–2012 · leading case: Moriarity v. Rockford Health Sys., Inc., 848 N.E.2d 202 (Ill. App. Ct. 2006).
Moriarity v. Rockford Health Sys., Inc., 848 N.E.2d 202 (Ill. App. Ct. 2006). · cites it 2× “Nevertheless, plaintiff further argues that pursuant to the Health Care Surrogate Act (the Act) (755 ILCS 40/1 et seq. (West 2004)), we should presume that Allen had decisional capacity, because, although Dr.”
Ficke v. Evangelical Health Sys., 674 N.E.2d 888 (Ill. App. Ct. 1996). · cites it 2× “Justice GREIMAN delivered the opinion of the court: This case presents the questions of whether, to what extent and to whom a hospital and physician may be liable for alleged violations of the Illinois Health Care Surrogate Act (the Act) (755 ILCS 40/1 et seq. (West 1992)). The…”
Karbin v. Karbin, 2012 IL 112815 (Ill. 2012). “¶ 50 This ensures that the most vulnerable members of our society are afforded fundamental fairness, equal protection of the laws (U.S. Const., amend. XIV; Ill. Const. 1970, art.”
Collins v. Lake Forest Hosp., 821 N.E.2d 316 (Ill. 2004). · cites it 2× “JUSTICE KILBRIDE delivered the opinion of the court: The limited issue on appeal before this court is whether the defendant Lake Forest Hospital (hospital) had a duty to inquire into the availability of a surrogate decisionmaker and implement the surrogate’s treatment decisions…”
In Re Marriage of Burgess, 707 N.E.2d 125 (Ill. App. Ct. 1998). · cites it 2× “In particular, a guardian is now allowed to withdraw medical treatment (see Health Care Surrogate Act (755 ILCS 40/1 et seq. (West 1996)); 755 ILCS 5/11a-17(d) (West 1996)), a decision Donald argues is much more personal than the decision to seek a divorce.”
In Re Est. of Austwick, 656 N.E.2d 773 (Ill. App. Ct. 1995). “(now 755 ILCS 40/1 et seq. (West 1992))) when consenting to the DNR.”
Bergland v. Dep't of Pub. Health, 892 N.E.2d 1076 (Ill. App. Ct. 2008). · cites it 2× “755 ILCS 40/1 et seq. (West 2004); 42 U.S.”
Pilarski v. Schmidt, 699 N.E.2d 1123 (Ill. App. Ct. 1998). “The court further ordered that Cindy’s family members be notified 72 hours in advance of any action taken pursuant to the Health Care Surrogate Act (Surrogate Act) (755 ILCS 40/1 et seq. (West 1996)), which governs private decision making for withdrawing life-sustaining…”
Litman v. Monumental Life Ins., 682 N.E.2d 135 (Ill. App. Ct. 1997). “Plaintiff next argues that, under Illinois law, nutrition and hydration are viewed differently from actual medical treatment, relying upon the Health Care Surrogate Act (755 ILCS 40/1 et seq. (West 1994)) and the Illinois Power of Attorney Act (755 ILCS 45/1 — 1 et seq.”
Collins v. Lake Forest Hosp., 798 N.E.2d 143 (Ill. App. Ct. 2003). “The trial court dismissed counts III and VI, which alleged violations of the Health Care Surrogate Act (Act) (755 ILCS 40/1 et seq. (West 2000)), on the ground that plaintiffs were required to file with their complaint a certificate of merit pursuant to section 2 — 622 of the…”
Murphy v. Lower, 656 N.E.2d 773 (Ill. App. Ct. 1995). “(now 755 ILCS 40/1 et seq. (West 1992))) when consenting to the DNR.”
Collins v. Lake Forest Hosp. (Ill. 2004). · cites it 2× “JUSTICE KILBRIDE delivered the opinion of the court: The limited issue on appeal before this court is whether the defendant Lake Forest Hospital (hospital) had a duty to inquire into the availability of a surrogate decisionmaker and implement the surrogate’s treatment decisions…”
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