"Power of Attorney for Health Care" - Illinois

Power of Attorney for Health Care is a legal document that was released by the Illinois Department of Public Health - a government authority operating within Illinois.

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State of Illinois
Illinois Statutory Short Form
Illinois Department of Public Health
Power of Attorney for Health Cared
NOTICE TO THE INDIVIDUAL SIGNING
THE POWER OF ATTORNEY FOR HEALTH CARE
No one can predict when a serious illness or accident might occur. When it does, you may need someone else to speak or make health
care decisions for you. If you plan now, you can increase the chances that the medical treatment you get will be the treatment you want.
In Illinois, you can choose someone to be your “health care agent.” Your agent is the person you trust to make health care decisions for
you if you are unable or do not want to make them yourself. These decisions should be based on your personal values and wishes.
It is important to put your choice of agent in writing. The written form is often called an “advance directive.” You may use this form or
another form, as long as it meets the legal requirements of Illinois. There are many written and online resources to guide you and your
loved ones in having a conversation about these issues. You may find it helpful to look at these resources while thinking about and dis-
cussing your advance directive.
WHAT ARE THE THINGS I WANT MY HEALTH CARE AGENT TO KNOW?
The selection of your agent should be considered carefully, as your agent will have the ultimate decision making authority once this doc-
ument goes into effect - in most instances after you are no longer able to make your own decisions. While the goal is for your agent to
make decisions in keeping with your preferences and in the majority of circumstances that is what happens, please know that the law
does allow your agent to make decisions to direct or refuse health care interventions or withdraw treatment. Your agent will need to
think about conversations you have had, your personality, and how you handled important health care issues in the past. Therefore, it
is important to talk with your agent and your family about such things as:
(i)
What is most important to you in your life?
(ii) How important is it to you to avoid pain and suffering?
(iii) If you had to choose, is it more important to you to live as long as possible, or to avoid prolonged suffering or disability?
(iv) Would you rather be at home or in a hospital for the last days or weeks of your life?
(v) Do you have religious, spiritual, or cultural beliefs that you want your agent and others to consider?
(vi) Do you wish to make a significant contribution to medical science after your death through organ or whole body donation?
(vii) Do you have an existing advanced directive, such as a living will, that contains your specific wishes about health care that is
only delaying your death? If you have another advance directive, make sure to discuss with your agent the directive and the
treatment decisions contained within that outline your preferences. Make sure that your agent agrees to honor the wishes ex-
pressed in your advance directive.
WHAT KIND OF DECISIONS CAN MY AGENT MAKE?
If there is ever a period of time when your physician determines that you cannot make your own health care decisions, or if you do not
want to make your own decisions, some of the actions your agent could take are to:
(i)
talk with physicians and other health care providers about your condition.
(ii) see medical records and approve who else can see them.
(iii) give permission for medical tests, medicines, surgery, or other treatments.
(iv) choose where you receive care and which physicians and others provide it.
State of Illinois
Illinois Statutory Short Form
Illinois Department of Public Health
Power of Attorney for Health Cared
NOTICE TO THE INDIVIDUAL SIGNING
THE POWER OF ATTORNEY FOR HEALTH CARE
No one can predict when a serious illness or accident might occur. When it does, you may need someone else to speak or make health
care decisions for you. If you plan now, you can increase the chances that the medical treatment you get will be the treatment you want.
In Illinois, you can choose someone to be your “health care agent.” Your agent is the person you trust to make health care decisions for
you if you are unable or do not want to make them yourself. These decisions should be based on your personal values and wishes.
It is important to put your choice of agent in writing. The written form is often called an “advance directive.” You may use this form or
another form, as long as it meets the legal requirements of Illinois. There are many written and online resources to guide you and your
loved ones in having a conversation about these issues. You may find it helpful to look at these resources while thinking about and dis-
cussing your advance directive.
WHAT ARE THE THINGS I WANT MY HEALTH CARE AGENT TO KNOW?
The selection of your agent should be considered carefully, as your agent will have the ultimate decision making authority once this doc-
ument goes into effect - in most instances after you are no longer able to make your own decisions. While the goal is for your agent to
make decisions in keeping with your preferences and in the majority of circumstances that is what happens, please know that the law
does allow your agent to make decisions to direct or refuse health care interventions or withdraw treatment. Your agent will need to
think about conversations you have had, your personality, and how you handled important health care issues in the past. Therefore, it
is important to talk with your agent and your family about such things as:
(i)
What is most important to you in your life?
(ii) How important is it to you to avoid pain and suffering?
(iii) If you had to choose, is it more important to you to live as long as possible, or to avoid prolonged suffering or disability?
(iv) Would you rather be at home or in a hospital for the last days or weeks of your life?
(v) Do you have religious, spiritual, or cultural beliefs that you want your agent and others to consider?
(vi) Do you wish to make a significant contribution to medical science after your death through organ or whole body donation?
(vii) Do you have an existing advanced directive, such as a living will, that contains your specific wishes about health care that is
only delaying your death? If you have another advance directive, make sure to discuss with your agent the directive and the
treatment decisions contained within that outline your preferences. Make sure that your agent agrees to honor the wishes ex-
pressed in your advance directive.
WHAT KIND OF DECISIONS CAN MY AGENT MAKE?
If there is ever a period of time when your physician determines that you cannot make your own health care decisions, or if you do not
want to make your own decisions, some of the actions your agent could take are to:
(i)
talk with physicians and other health care providers about your condition.
(ii) see medical records and approve who else can see them.
(iii) give permission for medical tests, medicines, surgery, or other treatments.
(iv) choose where you receive care and which physicians and others provide it.
(v) decide to accept, withdraw, or decline treatments designed to keep you alive if you are near death or not likely to recover. You
may choose to include guidelines and/or restrictions to your agent’s authority.
(vi) agree or decline to donate your organs or your whole body if you have not already made this decision yourself. This could
include donation for transplant, research, and/or education. You should let your agent know whether you are registered as a
donor in the First Person Consent registry maintained by the Illinois Secretary of State or whether you have agreed to donate
your whole body for medical research and/or education.
(vii) decide what to do with your remains after you have died, if you have not already made plans.
(viii) talk with your other loved ones to help come to a decision (but your designated agent will have the final say over your other
loved ones).
Your agent is not automatically responsible for your health care expenses.
WHO SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT?
Your agent will have the responsibility to make medical treatment decisions, even if other people close to you might urge a different de-
cision. The selection of your agent should be done carefully, as he or she will have ultimate decision-making authority for your treatment
decisions once you are no longer able to voice your preferences. Choose a family member, friend, or other person who:
(i)
is at least 18 years old;
(ii) knows you well;
(iii) you trust to do what is best for you and is willing to carry out your wishes, even if he or she may not agree with your wishes;
(iv) would be comfortable talking with and questioning your physicians and other health care providers;
(v) would not be too upset to carry out your wishes if you became very sick; and
(vi) can be there for you when you need it and is willing to accept this important role.
WHAT IF MY AGENT IS NOT AVAILABLE
OR IS UNWILLING TO MAKE DECISIONS FOR ME?
If the person who is your first choice is unable to carry out this role, then the second agent you chose will make the decisions; if your
second agent is not available, then the third agent you chose will make the decisions. The second and third agents are called your successor
agents and they function as back-up agents to your first choice agent and may act only one at a time and in the order you list them.
WHAT WILL HAPPEN IF I DO NOT CHOOSE A HEALTH CARE AGENT?
If you become unable to make your own health care decisions and have not named an agent in writing, your physician and other health
care providers will ask a family member, friend, or guardian to make decisions for you. In Illinois, a law directs which of these individuals
will be consulted. In that law, each of these individuals is called a “surrogate”.
There are reasons why you may want to name an agent rather than rely on a surrogate:
(i)
The person or people listed by this law may not be who you would want to make decisions for you.
(ii) Some family members or friends might not be able or willing to make decisions as you would want them to.
(iii) Family members and friends may disagree with one another about the issue being decided.
(iv) Under some circumstances, a surrogate may not be able to make the same kinds of decisions that an agent can make.
WHAT IF THERE IS NO ONE AVAILABLE WHO I TRUST TO BE MY AGENT?
In this situation, it is especially important to talk to your physician and other health care providers and create written guidance about
what you want or do not want, in case you are ever critically ill and cannot express your own wishes. You can complete a living will.
You can also write your wishes down and/or discuss them with your physician or other health care provider and ask him or her to write
it down in your chart. You might also want to use written or online resources to guide you through this process.
WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT?
Follow these instructions after you have completed the form:
(i)
Sign the form in front of a witness. See the form for a list of who can and cannot witness it.
(ii) Ask the witness to sign it, too. There is no need to have the form notarized.
(iii) Give a copy to your agent and to each of your successor agents.
(iv) Give another copy to your physician.
(v) Take a copy with you when you go to the hospital.
(vi) Show it to your family and friends and others who care for you.
WHAT IF I CHANGE MY MIND?
You may change your mind at any time. If you do, tell someone who is at least 18 years old that you have changed your mind, and/or
destroy your document and any copies. If you wish, fill out a new form and make sure everyone you gave the old form to has a copy of
the new one, including, but not limited to your agents and your physicians.
WHAT IF I DO NOT WANT TO USE THIS FORM?
In the event you do not want to use the Illinois statutory form provided here, any document you complete must be executed by you.
Designate an agent who is over 18 years of age and not prohibited from serving as your agent, and state the agent’s powers. It need not
be witnessed or conform in any other respect to the statutory health care power.
If you have questions about the use of any form, you may want to consult your physician, other health care provider, and/or an attorney.
State of Illinois
Illinois Department of Public Health
Illinois Statutory Short Form
Power of Attorney for Health Cared
MY POWER OF ATTORNEY FOR HEALTH CARE
THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY FOR HEALTH CARE.
My name (Print your full name): _________________________________________________________________________
My address: ________________________________________________________________________________________
I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT (an agent is your personal representative
under state and federal law):
(Agent name) _______________________________________________________________________________________
(Agent address) _____________________________________________________________________________________
(Agent phone number) ________________________________________________________________________________
MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING:
(i)
Deciding to accept, withdraw, or decline treatment for any physical or mental condition of mine, including life-and-death decisions.
(ii) Agreeing to admit me to or discharge me from any hospital, home, or other institution, including a mental health facility.
(iii) Having complete access to my medical and mental health records, and sharing them with others as needed, including after I die.
(iv) Carrying out the plans I have already made, or, if I have not done so, making decisions about my body or remains, including
organ, tissue, or whole body donation, autopsy, cremation, and burial.
The above grant of power is intended to be as broad as possible so that my agent will have the authority to make any decision I could
make to obtain or terminate any type of health care, including withdrawal of nutrition and hydration and other life-sustaining measures.
I AUTHORIZE MY AGENT TO: (Please check only one box; if more than one box or no boxes are checked, the
directive in the first box below shall be implemented.)
Make decisions for me only when I cannot make them for myself. The physician(s) taking care of me will determine when I
lack this ability.
Make decisions for me starting now and continue after I am no longer able to make them for myself. While I am still able to
make my own decisions, I can still do so if I want to.
LIFE-SUSTAINING TREATMENTS
The subject of life-sustaining treatment is of particular importance. Life-sustaining treatments may include tube feedings or fluids through
a tube, breathing machines, and CPR. In general, in making decisions concerning life-sustaining treatment, your agent is instructed to
consider the relief of suffering, the quality as well as the possible extension of your life, and your previously expressed wishes. Your
agent will weigh the burdens versus benefits of proposed treatments in making decisions on your behalf.
Additional statements concerning the withholding or removal of life-sustaining treatment are described below. These can serve as a
guide for your agent when making decisions for you. Ask your physician or health care provider if you have any questions about these
statements. SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR WISHES (optional):
The quality of my life is more important than the length of my life. If I am unconscious and my attending physician believes,
in accordance with reasonable medical standards, that I will not wake up or recover my ability to think, communicate with my
family and friends, and experience my surroundings, I do not want treatments to prolong my life or delay my death, but I do
want treatment or care to make me comfortable and to relieve me of pain.
Staying alive is more important to me, no matter how sick I am, how much I am suffering, the cost of the procedures, or how
unlikely my chances for recovery are. I want my life to be prolonged to the greatest extent possible in accordance with reasonable
medical standards.
SPECIFIC LIMITATIONS TO MY AGENT’S DECISION-MAKING AUTHORITY:
The above grant of power is intended to be as broad as possible so that your agent will have the authority to make any decision you
could make to obtain or terminate any type of health care. If you wish to limit the scope of your agent’s powers or prescribe special rules
or limit the power to authorize autopsy or dispose of remains, you may do so specifically on the lines below or add another page if
needed:
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
YOU MUST SIGN THIS FORM, AND A WITNESS MUST ALSO SIGN IT BEFORE IT IS VALID.
My signature: __________________________________________________
Today’s date: ______________________
HAVE YOUR WITNESS COMPLETE THE FOLLOWING AND SIGN:
I am at least 18 years old, and (check one of the options below):
I saw the principal sign this document, or
The principal told me that the signature or mark on the principal signature line is his or hers.
I am not the agent or successor agent(s) named in this document. I am not related to the principal, the agent, or the successor agent(s)
by blood, marriage, or adoption. I am not the principal’s physician, mental health service provider, or a relative of one of those individuals.
I am not an owner or operator (or the relative of an owner or operator) of the health care facility where the principal is a patient or resident.
Witness printed name: _________________________________________________________________________________
Witness address: _____________________________________________________________________________________
Witness signature: ______________________________________________
Today’s date: ______________________
SUCCESSOR HEALTH CARE AGENT(S) (optional):
If the agent I have selected is unable or does not want to make health care decisions for me, then I request the person(s) I name below
to be my successor health care agent(s). Only one person at a time can serve as my agent (add another page if you want to add more
successor agent names):
__________________________________________________________________________________________________
(Successor agent #1 name, address and phone number)
__________________________________________________________________________________________________
(Successor agent #2 name, address and phone number)
IOCI 16-104
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