Health Care Power of Attorney in Illinois

What you need

This is a short set of papers, but each piece matters.

• The Illinois Statutory Short Form Power of Attorney for Health Care, which starts with a notice to you and then the form itself.
• The full name, address, and phone number of your agent.
• The names of one or two successor agents, in the order you want them to serve.
• One witness who is at least 18 and meets the form's limits. Your agent cannot be the witness.
• Copies for your agent, your successors, your doctor, and your family.

What your agent can decide

The form gives your agent broad authority. The statute lists these powers in plain terms: accept, withdraw, or decline treatment, including life and death decisions. They also include admitting you to or discharging you from a hospital or other facility, full access to your medical and mental health records, and decisions about your body or remains after death, including organ and tissue donation and burial or cremation.

The agent speaks for you only within your limits. The form has a space to write specific limits on your agent's authority, and a choice between two statements about life-sustaining treatment. One favors comfort care over prolonging life in some situations. The other favors prolonging life as far as reasonable medical standards allow. Selecting one is optional.

When the agent starts acting

You check one of three boxes in the form. The first lets your agent decide only when you cannot, as determined by your physicians. The second does the same, and also gives the agent access to your records and your doctors right away so the agent can help with your planning. The third lets your agent decide starting now and continuing after you can no longer decide. While you can still decide, you can do so if you want to. If you check nothing, the first option applies.

Signing it: one witness, no notary

The form's instructions say to sign in front of a witness, have the witness sign, and that there is no need to have the form notarized. Section 4-5.1 requires the signature of a witness, who may not be under 18. It also bars these people from serving:

• your attending physician, advanced practice registered nurse, physician assistant, dentist, podiatric physician, optometrist, or psychologist, or a relative of one of them;
• the owner or operator of a facility where you are a patient or resident, or a relative of that owner or operator;
• your parent, sibling, or descendant, or the spouse of one of them, and the same relatives of your agent or successor agent;
• your agent or successor agent.

The witness statement printed on the form goes further. The witness states that he or she is not the agent or a successor agent and is not related to you, the agent, or a successor agent by blood, marriage, or adoption. A friend outside the family is the safer choice. The signing can be done by written signature or by an electronic one that meets the Act's standards.

Choosing your agent

The form's notice suggests someone who is at least 18, knows you well, will carry out your wishes even if they disagree, and can talk with your doctors. A family member can serve, and the form says you may pick someone else. Have the conversation before you sign. Cover what matters most to you, whether you want to avoid pain even if it shortens your life, where you want to be, and any beliefs your agent should respect. Successor agents serve only one at a time and in the order you list them.

The form also has a box you can check to nominate your agent as your guardian if a guardian of your person is ever appointed. See adult guardianship for why that choice matters.

If you do not name an agent

The notice explains that without a named agent, your physician and other providers ask a family member, friend, or guardian to decide for you, and an Illinois law sets who is consulted. The people on that list may not be who you would pick. Relatives may also disagree, and in some situations a surrogate cannot make the same decisions an agent can. Naming an agent settles who decides before there is a crisis.

Changing your mind

You can revoke the document at any time. Under the form, tell someone who is at least 18 that you have changed your mind, or destroy the document and every copy. If you sign a new form, hand it to everyone who has the old one. The form also offers an optional 30 day delay on revocation, for people who worry about revoking at a moment when they most need the agent. A living will works alongside this document. It addresses only a terminal condition.

Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.