755 ILCS 43/1
Short title
Short title. This Act may be cited as the Mental Health Treatment Preference Declaration Act. (Source: P.A. 89-439, eff. 6-1-96.)
Illinois Compiled Statutes 755 ILCS 43 — Mental Health Treatment Preference Declaration Act.
Illinois · statute · 755 ILCS 43 · 22 active provisions
Provisions
755 ILCS 43/5
Definitions
Definitions. As used in this Act: (1) "Adult" shall have the same meaning as provided in Section 10 of the Health Care Surrogate Act. (2) "Attending physician" shall have the same meaning as provided in Section 10 of the Healthcare Surrogate Act. (3) "Attorney-in-fact" means an adult validly appointed under this Act to…
755 ILCS 43/10
Declaration of preference or instructions
Declaration of preference or instructions. (1) An adult of sound mind may make a declaration of preferences or instructions regarding mental health treatment. The preferences or instructions may include consent to or refusal of mental health treatment. (2) A declaration for mental health treatment may be invoked within…
755 ILCS 43/15
Designation of attorney-in-fact
Designation of attorney-in-fact. A declaration may designate a competent adult to act as attorney-in-fact to make decisions about mental health treatment. An alternative attorney-in-fact may also be designated to act as attorney-in-fact if the original designee is unable or unwilling to act at any time. An attorney-in-…
755 ILCS 43/20
Signatures required
Signatures required. (a) 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 spec…
755 ILCS 43/23
Format
Format. Documents, writings, and forms referred to in this Act may be in hard copy or electronic format. Nothing in this Act is intended to prevent the population of a declaration, document, writing, or form with electronic data. (Source: P.A. 101-163, eff. 1-1-20.)
755 ILCS 43/25
Operation of declaration
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…
755 ILCS 43/30
Authority of attorney-in-fact
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 e…
755 ILCS 43/35
Declaration has no effect on other services
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
Declaration-Part of patient's medical record
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 w…
755 ILCS 43/45
Principal's wishes must be followed
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…
755 ILCS 43/50
Revocation
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, regardless of whether the written revocation is in an electronic or hard copy format. A written statement of revocation is effective when signed by the principal and a physic…
755 ILCS 43/55
Declaration protects physician or provider from legal action
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 f…
755 ILCS 43/60
Restrictions on who may serve as attorney-in-fact
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…
755 ILCS 43/65
Restrictions on who may witness declaration
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 wh…
755 ILCS 43/70
Withdrawal of attorney-in-fact
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 wh…
755 ILCS 43/75
Form of declaration
Form of declaration. A declaration for mental health treatment shall be in substantially the following form: DECLARATION FOR MENTAL HEALTH TREATMENT I ................., being an adult of sound mind, willfully and voluntarily make this declaration for mental health treatment to be followed if it is determined by 2 phys…
755 ILCS 43/85
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 89-439, eff. 6-1-96.)
755 ILCS 43/90
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 89-439, eff. 6-1-96.)
755 ILCS 43/100
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 89-439, eff. 6-1-96.)
755 ILCS 43/103
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 89-439, eff. 6-1-96.)
755 ILCS 43/105
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 89-439, eff. 6-1-96.)