illadv3

    (755 ILCS 43/45)
    Sec. 45. Principal's wishes must be followed.
    (1) The physician or provider may subject the principal to mental
health treatment in a manner contrary to the principal's wishes as
expressed in a declaration for mental health treatment only:
         (a) When a court order contradicts the principal's wishes as
    specified in the declaration; or
         (b) In cases of emergency endangering life or health.
    (2) A declaration does not limit any authority provided in Sections
3-100 through 3-910 of the Mental Health and Developmental Disabilities
Code either to take a person into custody, or to admit, retain, or treat
a person in a health care facility.
(Source: P.A. 89-439, eff. 6-1-96.)

    (755 ILCS 43/50)
    Sec. 50. Revocation. A declaration may be revoked in whole or in
part by written statement at any time by the principal if the principal
is not incapable. A written statement of revocation is effective when
signed by the principal and a physician and the principal delivers the
revocation to the attending physician. The attending physician shall
note the revocation as part of the principal's medical record.
(Source: P.A. 89-439, eff. 6-1-96.)

    (755 ILCS 43/55)
    Sec. 55. Declaration protects physician or provider from legal
action.   A physician who, to a reasonable degree of medical certainty,
determines that the principal is capable or incapable of revoking a
declaration or a physician or provider who administers or does not
administer mental health treatment according to and in good faith
reliance upon the decision or direction of the attorney-in-fact or the
validity of a declaration is not subject to criminal prosecution, civil
liability,   or   professional disciplinary action resulting from a
subsequent finding of a declaration's invalidity.
(Source: P.A. 89-439, eff. 6-1-96.)

    (755 ILCS 43/60)
    Sec. 60. Restrictions on who may serve as attorney-in-fact.   None
of the following may serve as attorney-in-fact:
    (1) The attending physician or mental health service provider or an
employee of the physician or provider, if the physician, provider, or
employee is unrelated to the principal by blood, marriage or adoption.
    (2) An owner, operator or employee of a health care facility in
which the principal is a patient or resident, if the owner, operator or
employee is unrelated to the principal by blood, marriage, or adoption.
(Source: P.A. 89-439, eff. 6-1-96.)

    (755 ILCS 43/65)
    Sec. 65. Restrictions on who may witness declaration. None of the
following may serve as a witness to the signing of a declaration:
    (1) The attending physician or mental health service provider or a
relative of the physician or provider;
    (2) An owner, operator, or relative of an owner or operator of a
health care facility in which the principal is a patient or resident; or
    (3) A person related to the principal by blood, marriage, or
adoption.
(Source: P.A. 89-439, eff. 6-1-96.)

    (755 ILCS 43/70)
    Sec. 70. Withdrawal of attorney-in-fact.
    (1) An attorney-in-fact may withdraw by giving notice to the
principal.   If a principal is incapable, the attorney-in-fact may
withdraw by giving notice to the attending physician.   The attending
physician shall note the withdrawal as part of the principal's medical
record.
    (2) A person who has withdrawn under the provisions of subsection
(1) of this Section may rescind the withdrawal by executing an
acceptance after the date of the withdrawal. The acceptance must be in
the same form as provided by Section 75 of this Act for accepting an
appointment. A person who rescinds a withdrawal must give notice to the
principal if the principal is capable or to the principal's attending
physician if the principal is incapable.
(Source: P.A. 89-439, eff. 6-1-96.)