Overview

A Power of Attorney for Health Care allows a person (the “Principal”) to delegate to another person (the “Agent” or “Attorney-In-Fact”), which is often a family member or trusted friend, the power to make health care decisions on behalf of the Principal if he or she is unable to make such decisions. In Illinois, it is authorized under the Illinois Power of Attorney Act (755 ILCS 45/1) and may be used instead of or together with a Living Will. The Power of Attorney for Health Care can be revoked at any time by burning or tearing it up or by written revocation. Its power automatically ends upon the death of the Principal.

The Power of Attorney for Health Care is a flexible document in that the Principal can limit or broaden the health care decision-making authority of the Agent. It permits the Principal to provide his or her Agent with a set of instructions regarding medical treatment such as basic or advanced medical procedures, the withholding of food and fluids, and the use of life-prolonging treatment.

If an individual does not have a Power of Attorney for Health Care and then become incapacitated, a guardianship proceeding may be necessary to appoint a guardian to make any health care decisions. This process can be long, expensive, and has an emotional cost, especially if family members disagree as to who should be elected as guardian.