illadv2

    (755 ILCS 43/20)
    Sec. 20. Signatures required. A declaration is effective only if
it is signed by the principal, and 2 competent adult witnesses. The
witnesses must attest that the principal is known to them, signed the
declaration in their presence and appears to be of sound mind and not
under duress, fraud or undue influence. Persons specified in Section 65
of this Act may not act as witnesses.
(Source: P.A. 89-439, eff. 6-1-96.)

    (755 ILCS 43/25)
    Sec. 25. Operation of declaration. A declaration becomes operative
when it is delivered to the principal's attending physician and remains
valid until revoked or expired. The attending physician shall act in
accordance with an operative declaration when the principal has been
found to be incapable. The attending physician shall continue to obtain
the   principal's informed consent to all mental health treatment
decisions if the principal is capable of providing informed consent or
refusal.
(Source: P.A. 89-439, eff. 6-1-96.)

    (755 ILCS 43/30)
    Sec. 30. Authority of attorney-in-fact.
    (1) The attorney-in-fact does not have authority to make mental
health treatment decisions unless the principal is incapable.
    (2) The attorney-in-fact is not, as a result of acting in that
capacity, personally liable for the cost of treatment provided to the
principal.
    (3) Except to the extent the right is limited by the declaration or
any federal law, an attorney-in-fact has the same right as the principal
to receive information regarding the proposed mental health treatment
and to receive, review and consent to disclosure of medical records
relating to that treatment. This right of access does not waive any
evidentiary privilege.
    (4) In   exercising   authority   under   the   declaration,    the
attorney-in-fact has a duty to act consistently with the desires of the
principal as expressed in the declaration. If the principal's desires
are not expressed in the declaration and not otherwise known by the
attorney-in-fact, the attorney-in-fact has a duty to act in what the
attorney-in-fact in good faith believes to be the best interests of the
principal.
    (5) An attorney-in-fact is not subject to criminal prosecution,
civil liability or professional disciplinary action for any action taken
in good faith pursuant to a declaration for mental health treatment.
(Source: P.A. 89-439, eff. 6-1-96.)

    (755 ILCS 43/35)
    Sec. 35. Declaration has no effect on other services.   A person
shall not be required to execute or to refrain from executing a
declaration as a criterion for insurance, as a condition for receiving
mental or physical health services, or as a condition of discharge from
a mental health facility.
(Source: P.A. 89-439, eff. 6-1-96.)

    (755 ILCS 43/40)
    Sec. 40. Declaration-Part of patient's medical record. Upon being
presented with a declaration, a physician or other provider shall make
the declaration a part of the principal's medical record.   When acting
under authority of a declaration, a physician or provider must comply
with it to the fullest extent possible, consistent with reasonable
medical   practice,   the availability of treatments requested, and
applicable law. If the physician or other provider is unwilling at any
time to comply with the declaration, the physician or provider may
withdraw from providing treatment consistent with the exercise of
independent medical judgment and must promptly notify the principal and
the attorney-in-fact and document the notification in the principal's
medical record.
(Source: P.A. 89-439, eff. 6-1-96.)