Health Care Powers of Attorney

Have you made sure that your health care needs will be properly taken care of?

The Illinois legislature has provided for powers of attorney for health care. The Power of Attorney for Health Care is a document that permits you to delegate another person (agent ) the power to make health care decisions for you, if you are unable to do so for yourself. By utilizing a Health Care Power of Attorney, you are able to appoint as your agent someone who you are confident will carry out your wishes.

Who will talk to the health care provider if you cannot?

In the health care power of attorney, you can inform your agent of your preferences regarding issues of health care that are important to you, such as the right to accept or refuse any medical treatment, pain management, and life support. Your agent, in order to make informed decisions has the same rights and access to your medical records as you do. Your agent has the right to be adequately informed about your medical condition, treatment alternatives and the possible consequences.

The health care power not only assures your wishes are carried out but it protects each health care provider and any other person who acts in good faith reliance on any direction or decision by your agent (that is not clearly contrary to the terms of the health care power). It is as if you had given direction for the health care provider.

Who should be your agent?

That depends on who is most qualified to carry out your wishes. Some characteristics you should consider are: 1) someone with good communication skills to be able to communicate your wishes and gain information from busy health care professionals; 2) someone with leadership abilities within the family, who could if necessary, unify the family and instill confidence; 3) someone who has the time to devote to the task; 4) someone with some medical background, if possible; and 5) someone within geographic proximity. Neither your attending physician nor any other health care provider may act as your agent.

What if the agent I appoint cannot act?

You can and should name successor agents. You list the successor agents in the order you wish them to serve. Your agent does not have to act, but if the agent acts they must do so diligently.

Can I change my agent?

Yes, you can revoke the health care power at any time, either orally or in writing. If you wish to amend the health care power, you must do so in writing.

How long does the agency extend?

The health care power is for your lifetime. The agency can continue beyond the principal’s death to allow for organ donation, autopsy or disposition of remains.

Is there anything I can do for my child, if I cannot act?

A parent can delegate all powers a parent may have to control or consent to health care for a minor.