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.
POWER OF
ATTORNEY FOR HEALTH CARE REQUIREMENTS
In order to execute an Illinois Power
of Attorney for Health Care, the Principal
must be 18 years of age and a resident
of Illinois. The Agent must also
be 18 years of age and cannot be the
Principal’s attending physician
or other individual administering health
care to the patient at the time of
reference; however, a person who is
not administering health care to the
patient may act as an Agent for the
Principal even though the person is
a physician or otherwise authorized
to administer health care in the ordinary
course of business or the practice
of a profession. Finally, the
Power of Attorney for Health Care must
be signed by the Principal and a witness.
SELECTING
AN AGENT
When selecting an Agent, it is advisable
that the Principal designate one or
more successor Agents to act in case
the primary agent is unable to act. The
Principal should select an Agent who
will act in accordance with his or
her interests and values, even if those
values differ from the Agent’s
own. The Agent will decide what
medical treatments you receive and
whether life support measures should
be started or stopped. Finally,
the Agent should be someone who can
stay calm in the presence of mounting
pressure and will not be swayed from
carrying out your wishes by family
members who may not agree.
CONCLUSION
It is clear that the Power of Attorney
for Health Care plays an important
role in an estate plan. We welcome
the opportunity to discuss the use
of a Power of Attorney for Health Care
and other estate planning vehicles
with you. Please contact any of our
estate planning attorneys.
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