Illinois Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Illinois who cannot decide: an agent, a guardian, or Illinois's default surrogate order. Runs in your browser; nothing is stored.

Illinois law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Illinois

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Illinois's default surrogate order

  1. Guardian of the person
  2. Spouse
  3. Any adult son or daughter
  4. Either parent
  5. Any adult brother or sister
  6. Any adult grandchild
  7. A close friend who gives the attending physician an affidavit (Must present an affidavit showing regular contact and familiarity)
  8. Guardian of the estate
  9. Temporary custodian appointed under the Juvenile Court Act (Only if the court order grants this authority)
What it covers
Surrogates make medical treatment decisions for a patient who lacks decisional capacity. Forgoing life-sustaining treatment is allowed only if the patient has a qualifying condition; other decisions go under Section 20(b-5).
If more than one person is in the same group
Surrogates at the same level try for consensus. If they disagree, a majority of those available in that category controls unless the minority starts guardianship proceedings.
If nobody on the list is available
No one is required to seek a guardian; anyone challenging the surrogate may start guardianship proceedings.
Who decides the person cannot decide
The attending physician determines decisional capacity.
Limits
  • A close friend must present an affidavit to the attending physician showing regular contact and familiarity with the patient.
  • For patients without a qualifying condition, decisions follow Section 20(b-5).
  • Since P.A. 104-820 the facility must give the surrogate written information on the incapacity finding and the surrogate's rights, including the right to the medical records.

Source: 755 ILCS 40/25 · Checked October 26, 2026

Next steps

Who decides in Illinois without a power of attorney?

Illinois's default surrogate law (755 ILCS 40/25) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse.

Illinois's default surrogate law in full

Illinois's default surrogate order

  1. Guardian of the person
  2. Spouse
  3. Any adult son or daughter
  4. Either parent
  5. Any adult brother or sister
  6. Any adult grandchild
  7. A close friend who gives the attending physician an affidavit (Must present an affidavit showing regular contact and familiarity)
  8. Guardian of the estate
  9. Temporary custodian appointed under the Juvenile Court Act (Only if the court order grants this authority)
What it covers
Surrogates make medical treatment decisions for a patient who lacks decisional capacity. Forgoing life-sustaining treatment is allowed only if the patient has a qualifying condition; other decisions go under Section 20(b-5).
If more than one person is in the same group
Surrogates at the same level try for consensus. If they disagree, a majority of those available in that category controls unless the minority starts guardianship proceedings.
If nobody on the list is available
No one is required to seek a guardian; anyone challenging the surrogate may start guardianship proceedings.
Who decides the person cannot decide
The attending physician determines decisional capacity.
Limits
  • A close friend must present an affidavit to the attending physician showing regular contact and familiarity with the patient.
  • For patients without a qualifying condition, decisions follow Section 20(b-5).
  • Since P.A. 104-820 the facility must give the surrogate written information on the incapacity finding and the surrogate's rights, including the right to the medical records.

Source: 755 ILCS 40/25 · Checked October 26, 2026

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Illinois if there is no power of attorney?

Illinois's default surrogate law (755 ILCS 40/25) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse. The full order, tie rule and limits are in 755 ILCS 40/25.

Does next of kin in Illinois have authority over money?

No default surrogate law covers money. In Illinois, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Illinois law checked against the official text on October 26, 2026.

Know someone who could use this? Share this free tool:

Share: