Illinois Compiled Statutes
755 ILCS 40/15 (2026)
Applicability
✓ current as of May 2026
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(755 ILCS 40/15)
(from Ch. 110 1/2, par. 851-15)
Sec. 15. Applicability. This Act applies to patients who lack
decisional capacity
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
decisional
capacity, then the right to refuse medical treatment
or life-sustaining
treatment does
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.)
Notes of Decisions
Cited in 2
cases, 2008–2008 · leading case: Bergland v. Dep't of Pub. Health, 892 N.E.2d 1076 (Ill. App. Ct. 2008).
Bergland v. Dep't of Pub. Health, 892 N.E.2d 1076 (Ill. App. Ct. 2008). “A health care provider may rely on the authority of the surrogate decision maker as though the decision had been made by a patient with decisional capacity.”
Bergland v. The Dep't of Pub. Health (Ill. App. Ct. 2008). “” 755 ILCS 40/15 (West 2004). A surrogate is entitled to “have the same right as the patient to receive medical information and medical records and to consent to disclosure.”
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