Bill Text: IL HB0679 | 2021-2022 | 102nd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Power of Attorney Act. Provides that a principal may elect a 30-day delayed revocation of the principal's health care agency. Makes corresponding changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2021-07-30 - Public Act . . . . . . . . . 102-0181 [HB0679 Detail]
Download: Illinois-2021-HB0679-Enrolled.html
Bill Title: Amends the Illinois Power of Attorney Act. Provides that a principal may elect a 30-day delayed revocation of the principal's health care agency. Makes corresponding changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2021-07-30 - Public Act . . . . . . . . . 102-0181 [HB0679 Detail]
Download: Illinois-2021-HB0679-Enrolled.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Power of Attorney Act is amended | ||||||
5 | by changing Sections 4-6 and 4-10 as follows:
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6 | (755 ILCS 45/4-6) (from Ch. 110 1/2, par. 804-6)
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7 | Sec. 4-6. Revocation and amendment of health care | ||||||
8 | agencies.
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9 | (a) Unless the principal elects a delayed revocation | ||||||
10 | period pursuant to subsection (a-5), every Every health care | ||||||
11 | agency may be revoked by the principal at any
time, without | ||||||
12 | regard to the principal's mental or physical condition, by
any | ||||||
13 | of the following methods:
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14 | 1. By being obliterated, burnt, torn or otherwise | ||||||
15 | destroyed or defaced
in a manner indicating intention to | ||||||
16 | revoke;
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17 | 2. By a written revocation of the agency signed and | ||||||
18 | dated by the
principal or person acting at the direction | ||||||
19 | of the principal, regardless of whether the written | ||||||
20 | revocation is in an electronic or hard copy format;
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21 | 3. By an oral or any other expression of the intent to | ||||||
22 | revoke the agency
in the presence of a witness 18 years of | ||||||
23 | age or older who signs and dates a
writing confirming that |
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1 | such expression of intent was made; or
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2 | 4. For an electronic health care agency, by deleting | ||||||
3 | in a manner indicating the intention to revoke. An | ||||||
4 | electronic health care agency may be revoked | ||||||
5 | electronically using a generic, technology-neutral system | ||||||
6 | in which each user is assigned a unique identifier that is | ||||||
7 | securely maintained and in a manner that meets the | ||||||
8 | regulatory requirements for a digital or electronic | ||||||
9 | signature. Compliance with the standards defined in the | ||||||
10 | Electronic Commerce Security Act or the implementing rules | ||||||
11 | of the Hospital Licensing Act for medical record entry | ||||||
12 | authentication for author validation of the documentation, | ||||||
13 | content accuracy, and completeness meets this standard. | ||||||
14 | (a-5) A principal may elect a 30-day delay of the | ||||||
15 | revocation of the principal's health care agency. If a | ||||||
16 | principal makes this election, the principal's revocation | ||||||
17 | shall be delayed for 30 days after the principal communicates | ||||||
18 | his or her intent to revoke. | ||||||
19 | (b) Every health care agency may be amended at any time by | ||||||
20 | a written
amendment signed and dated by the principal or | ||||||
21 | person acting at the
direction of the principal.
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22 | (c) Any person, other than the agent, to whom a revocation | ||||||
23 | or amendment is
communicated or delivered shall make all | ||||||
24 | reasonable efforts to inform the
agent of that fact as | ||||||
25 | promptly as possible.
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26 | (Source: P.A. 101-163, eff. 1-1-20 .)
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1 | (755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
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2 | Sec. 4-10. Statutory short form power of attorney for | ||||||
3 | health care.
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4 | (a) The form prescribed in this Section (sometimes also | ||||||
5 | referred to in this Act as the
"statutory health care power") | ||||||
6 | may be used to grant an agent powers with
respect to the | ||||||
7 | principal's own health care; but the statutory health care
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8 | power is not intended to be exclusive nor to cover delegation | ||||||
9 | of a parent's
power to control the health care of a minor | ||||||
10 | child, and no provision of this
Article shall be construed to | ||||||
11 | invalidate or bar use by the principal of any
other or
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12 | different form of power of attorney for health care. | ||||||
13 | Nonstatutory health
care powers must be
executed by the | ||||||
14 | principal, designate the agent and the agent's powers, and
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15 | comply with the limitations in Section 4-5 of this Article, | ||||||
16 | but they need not be witnessed or
conform in any other respect | ||||||
17 | to the statutory health care power. | ||||||
18 | No specific format is required for the statutory health | ||||||
19 | care power of attorney other than the notice must precede the | ||||||
20 | form. The statutory health care power may be included in or
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21 | combined with any
other form of power of attorney governing | ||||||
22 | property or other matters.
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23 | The signature and execution requirements set forth in this | ||||||
24 | Article are satisfied by: (i) written signatures or initials; | ||||||
25 | or (ii) electronic signatures or computer-generated signature |
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1 | codes. Electronic documents under this Act may be created, | ||||||
2 | signed, or revoked electronically using a generic, | ||||||
3 | technology-neutral system in which each user is assigned a | ||||||
4 | unique identifier that is securely maintained and in a manner | ||||||
5 | that meets the regulatory requirements for a digital or | ||||||
6 | electronic signature. Compliance with the standards defined in | ||||||
7 | the Electronic Commerce Security Act or the implementing rules | ||||||
8 | of the Hospital Licensing Act for medical record entry | ||||||
9 | authentication for author validation of the documentation, | ||||||
10 | content accuracy, and completeness meets this standard. | ||||||
11 | (b) The Illinois Statutory Short Form Power of Attorney | ||||||
12 | for Health Care shall be substantially as follows:
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13 | NOTICE TO THE INDIVIDUAL SIGNING | ||||||
14 | THE POWER OF ATTORNEY FOR HEALTH CARE | ||||||
15 | No one can predict when a serious illness or accident | ||||||
16 | might occur. When it does, you may need someone else to speak | ||||||
17 | or make health care decisions for you. If you plan now, you can | ||||||
18 | increase the chances that the medical treatment you get will | ||||||
19 | be the treatment you want. | ||||||
20 | In Illinois, you can choose someone to be your "health | ||||||
21 | care agent". Your agent is the person you trust to make health | ||||||
22 | care decisions for you if you are unable or do not want to make | ||||||
23 | them yourself. These decisions should be based on your | ||||||
24 | personal values and wishes. | ||||||
25 | It is important to put your choice of agent in writing. The |
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1 | written form is often called an "advance directive". You may | ||||||
2 | use this form or another form, as long as it meets the legal | ||||||
3 | requirements of Illinois. There are many written and on-line | ||||||
4 | resources to guide you and your loved ones in having a | ||||||
5 | conversation about these issues. You may find it helpful to | ||||||
6 | look at these resources while thinking about and discussing | ||||||
7 | your advance directive.
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8 | WHAT ARE THE THINGS I WANT MY | ||||||
9 | HEALTH CARE AGENT TO KNOW? | ||||||
10 | The selection of your agent should be considered | ||||||
11 | carefully, as your agent will have the ultimate | ||||||
12 | decision-making authority once this document goes into effect, | ||||||
13 | in most instances after you are no longer able to make your own | ||||||
14 | decisions. While the goal is for your agent to make decisions | ||||||
15 | in keeping with your preferences and in the majority of | ||||||
16 | circumstances that is what happens, please know that the law | ||||||
17 | does allow your agent to make decisions to direct or refuse | ||||||
18 | health care interventions or withdraw treatment. Your agent | ||||||
19 | will need to think about conversations you have had, your | ||||||
20 | personality, and how you handled important health care issues | ||||||
21 | in the past. Therefore, it is important to talk with your agent | ||||||
22 | and your family about such things as: | ||||||
23 | (i) What is most important to you in your life? | ||||||
24 | (ii) How important is it to you to avoid pain and | ||||||
25 | suffering? |
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1 | (iii) If you had to choose, is it more important to you | ||||||
2 | to live as long as possible, or to avoid prolonged | ||||||
3 | suffering or disability? | ||||||
4 | (iv) Would you rather be at home or in a hospital for | ||||||
5 | the last days or weeks of your life? | ||||||
6 | (v) Do you have religious, spiritual, or cultural | ||||||
7 | beliefs that you want your agent and others to consider? | ||||||
8 | (vi) Do you wish to make a significant contribution to | ||||||
9 | medical science after your death through organ or whole | ||||||
10 | body donation? | ||||||
11 | (vii) Do you have an existing advance directive, such | ||||||
12 | as a living will, that contains your specific wishes about | ||||||
13 | health care that is only delaying your death? If you have | ||||||
14 | another advance directive, make sure to discuss with your | ||||||
15 | agent the directive and the treatment decisions contained | ||||||
16 | within that outline your preferences. Make sure that your | ||||||
17 | agent agrees to honor the wishes expressed in your advance | ||||||
18 | directive.
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19 | WHAT KIND OF DECISIONS CAN MY AGENT MAKE? | ||||||
20 | If there is ever a period of time when your physician | ||||||
21 | determines that you cannot make your own health care | ||||||
22 | decisions, or if you do not want to make your own decisions, | ||||||
23 | some of the decisions your agent could make are to: | ||||||
24 | (i) talk with physicians and other health care | ||||||
25 | providers about your condition. |
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1 | (ii) see medical records and approve who else can see | ||||||
2 | them. | ||||||
3 | (iii) give permission for medical tests, medicines, | ||||||
4 | surgery, or other treatments. | ||||||
5 | (iv) choose where you receive care and which | ||||||
6 | physicians and others provide it. | ||||||
7 | (v) decide to accept, withdraw, or decline treatments | ||||||
8 | designed to keep you alive if you are near death or not | ||||||
9 | likely to recover. You may choose to include guidelines | ||||||
10 | and/or restrictions to your agent's authority. | ||||||
11 | (vi) agree or decline to donate your organs or your | ||||||
12 | whole body if you have not already made this decision | ||||||
13 | yourself. This could include donation for transplant, | ||||||
14 | research, and/or education. You should let your agent know | ||||||
15 | whether you are registered as a donor in the First Person | ||||||
16 | Consent registry maintained by the Illinois Secretary of | ||||||
17 | State or whether you have agreed to donate your whole body | ||||||
18 | for medical research and/or education. | ||||||
19 | (vii) decide what to do with your remains after you | ||||||
20 | have died, if you have not already made plans. | ||||||
21 | (viii) talk with your other loved ones to help come to | ||||||
22 | a decision (but your designated agent will have the final | ||||||
23 | say over your other loved ones). | ||||||
24 | Your agent is not automatically responsible for your | ||||||
25 | health care expenses.
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1 | WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT? | ||||||
2 | You can pick a family member, but you do not have to. Your | ||||||
3 | agent will have the responsibility to make medical treatment | ||||||
4 | decisions, even if other people close to you might urge a | ||||||
5 | different decision. The selection of your agent should be done | ||||||
6 | carefully, as he or she will have ultimate decision-making | ||||||
7 | authority for your treatment decisions once you are no longer | ||||||
8 | able to voice your preferences. Choose a family member, | ||||||
9 | friend, or other person who: | ||||||
10 | (i) is at least 18 years old; | ||||||
11 | (ii) knows you well; | ||||||
12 | (iii) you trust to do what is best for you and is | ||||||
13 | willing to carry out your wishes, even if he or she may not | ||||||
14 | agree with your wishes; | ||||||
15 | (iv) would be comfortable talking with and questioning | ||||||
16 | your physicians and other health care providers; | ||||||
17 | (v) would not be too upset to carry out your wishes if | ||||||
18 | you became very sick; and | ||||||
19 | (vi) can be there for you when you need it and is | ||||||
20 | willing to accept this important role.
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21 | WHAT IF MY AGENT IS NOT AVAILABLE OR IS | ||||||
22 | UNWILLING TO MAKE DECISIONS FOR ME? | ||||||
23 | If the person who is your first choice is unable to carry | ||||||
24 | out this role, then the second agent you chose will make the | ||||||
25 | decisions; if your second agent is not available, then the |
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1 | third agent you chose will make the decisions. The second and | ||||||
2 | third agents are called your successor agents and they | ||||||
3 | function as back-up agents to your first choice agent and may | ||||||
4 | act only one at a time and in the order you list them.
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5 | WHAT WILL HAPPEN IF I DO NOT | ||||||
6 | CHOOSE A HEALTH CARE AGENT? | ||||||
7 | If you become unable to make your own health care | ||||||
8 | decisions and have not named an agent in writing, your | ||||||
9 | physician and other health care providers will ask a family | ||||||
10 | member, friend, or guardian to make decisions for you. In | ||||||
11 | Illinois, a law directs which of these individuals will be | ||||||
12 | consulted. In that law, each of these individuals is called a | ||||||
13 | "surrogate". | ||||||
14 | There are reasons why you may want to name an agent rather | ||||||
15 | than rely on a surrogate: | ||||||
16 | (i) The person or people listed by this law may not be | ||||||
17 | who you would want to make decisions for you. | ||||||
18 | (ii) Some family members or friends might not be able | ||||||
19 | or willing to make decisions as you would want them to. | ||||||
20 | (iii) Family members and friends may disagree with one | ||||||
21 | another about the best decisions. | ||||||
22 | (iv) Under some circumstances, a surrogate may not be | ||||||
23 | able to make the same kinds of decisions that an agent can | ||||||
24 | make.
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1 | WHAT IF THERE IS NO ONE AVAILABLE | ||||||
2 | WHOM I TRUST TO BE MY AGENT? | ||||||
3 | In this situation, it is especially important to talk to | ||||||
4 | your physician and other health care providers and create | ||||||
5 | written guidance about what you want or do not want, in case | ||||||
6 | you are ever critically ill and cannot express your own | ||||||
7 | wishes. You can complete a living will. You can also write your | ||||||
8 | wishes down and/or discuss them with your physician or other | ||||||
9 | health care provider and ask him or her to write it down in | ||||||
10 | your chart. You might also want to use written or on-line | ||||||
11 | resources to guide you through this process.
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12 | WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT? | ||||||
13 | Follow these instructions after you have completed the | ||||||
14 | form: | ||||||
15 | (i) Sign the form in front of a witness. See the form | ||||||
16 | for a list of who can and cannot witness it. | ||||||
17 | (ii) Ask the witness to sign it, too. | ||||||
18 | (iii) There is no need to have the form notarized. | ||||||
19 | (iv) Give a copy to your agent and to each of your | ||||||
20 | successor agents. | ||||||
21 | (v) Give another copy to your physician. | ||||||
22 | (vi) Take a copy with you when you go to the hospital. | ||||||
23 | (vii) Show it to your family and friends and others | ||||||
24 | who care for you.
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1 | WHAT IF I CHANGE MY MIND? | ||||||
2 | You may change your mind at any time. If you do, tell | ||||||
3 | someone who is at least 18 years old that you have changed your | ||||||
4 | mind, and/or destroy your document and any copies. If you | ||||||
5 | wish, fill out a new form and make sure everyone you gave the | ||||||
6 | old form to has a copy of the new one, including, but not | ||||||
7 | limited to, your agents and your physicians. If you are | ||||||
8 | concerned you may revoke your power of attorney at a time when | ||||||
9 | you may need it the most, you may initial the box at the end of | ||||||
10 | the form to indicate that you would like a 30-day waiting | ||||||
11 | period after you voice your intent to revoke your power of | ||||||
12 | attorney. This means if your agent is making decisions for you | ||||||
13 | during that time, your agent can continue to make decisions on | ||||||
14 | your behalf. This election is purely optional, and you do not | ||||||
15 | have to choose it. If you do not choose this option, you can | ||||||
16 | change your mind and revoke the power of attorney at any time.
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17 | WHAT IF I DO NOT WANT TO USE THIS FORM? | ||||||
18 | In the event you do not want to use the Illinois statutory | ||||||
19 | form provided here, any document you complete must be executed | ||||||
20 | by you, designate an agent who is over 18 years of age and not | ||||||
21 | prohibited from serving as your agent, and state the agent's | ||||||
22 | powers, but it need not be witnessed or conform in any other | ||||||
23 | respect to the statutory health care power. | ||||||
24 | If you have questions about the use of any form, you may | ||||||
25 | want to consult your physician, other health care provider, |
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1 | and/or an attorney.
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2 | MY POWER OF ATTORNEY FOR HEALTH CARE | ||||||
3 | THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY | ||||||
4 | FOR HEALTH CARE. (You must sign this form and a witness must | ||||||
5 | also sign it before it is valid)
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6 | My name (Print your full name): .......... | ||||||
7 | My address: ..................................................
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8 | I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT | ||||||
9 | (an agent is your personal representative under state and | ||||||
10 | federal law): | ||||||
11 | (Agent name) ................. | ||||||
12 | (Agent address) ............. | ||||||
13 | (Agent phone number) .........................................
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14 | (Please check box if applicable) .... If a guardian of my | ||||||
15 | person is to be appointed, I nominate the agent acting under | ||||||
16 | this power of attorney as guardian.
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17 | SUCCESSOR HEALTH CARE AGENT(S) (optional): | ||||||
18 | If the agent I selected is unable or does not want to make | ||||||
19 | health care decisions for me, then I request the person(s) I | ||||||
20 | name below to be my successor health care agent(s). Only one |
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1 | person at a time can serve as my agent (add another page if you | ||||||
2 | want to add more successor agent names): | ||||||
3 | ..................... | ||||||
4 | (Successor agent #1 name, address and phone number) | ||||||
5 | .......... | ||||||
6 | (Successor agent #2 name, address and phone number)
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7 | MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING: | ||||||
8 | (i) Deciding to accept, withdraw or decline treatment | ||||||
9 | for any physical or mental condition of mine, including | ||||||
10 | life-and-death decisions. | ||||||
11 | (ii) Agreeing to admit me to or discharge me from any | ||||||
12 | hospital, home, or other institution, including a mental | ||||||
13 | health facility. | ||||||
14 | (iii) Having complete access to my medical and mental | ||||||
15 | health records, and sharing them with others as needed, | ||||||
16 | including after I die. | ||||||
17 | (iv) Carrying out the plans I have already made, or, | ||||||
18 | if I have not done so, making decisions about my body or | ||||||
19 | remains, including organ, tissue or whole body donation, | ||||||
20 | autopsy, cremation, and burial. | ||||||
21 | The above grant of power is intended to be as broad as | ||||||
22 | possible so that my agent will have the authority to make any | ||||||
23 | decision I could make to obtain or terminate any type of health | ||||||
24 | care, including withdrawal of nutrition and hydration and | ||||||
25 | other life-sustaining measures.
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1 | I AUTHORIZE MY AGENT TO (please check any one box): | ||||||
2 | .... Make decisions for me only when I cannot make them for | ||||||
3 | myself. The physician(s) taking care of me will determine | ||||||
4 | when I lack this ability. | ||||||
5 | (If no box is checked, then the box above shall be | ||||||
6 | implemented.)
OR | ||||||
7 | .... Make decisions for me only when I cannot make them for | ||||||
8 | myself. The physician(s) taking care of me will determine | ||||||
9 | when I lack this ability. Starting now, for the purpose of | ||||||
10 | assisting me with my health care plans and decisions, my | ||||||
11 | agent shall have complete access to my medical and mental | ||||||
12 | health records, the authority to share them with others as | ||||||
13 | needed, and the complete ability to communicate with my | ||||||
14 | personal physician(s) and other health care providers, | ||||||
15 | including the ability to require an opinion of my | ||||||
16 | physician as to whether I lack the ability to make | ||||||
17 | decisions for myself. OR | ||||||
18 | .... Make decisions for me starting now and continuing | ||||||
19 | after I am no longer able to make them for myself. While I | ||||||
20 | am still able to make my own decisions, I can still do so | ||||||
21 | if I want to.
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22 | The subject of life-sustaining treatment is of particular | ||||||
23 | importance. Life-sustaining treatments may include tube | ||||||
24 | feedings or fluids through a tube, breathing machines, and |
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1 | CPR. In general, in making decisions concerning | ||||||
2 | life-sustaining treatment, your agent is instructed to | ||||||
3 | consider the relief of suffering, the quality as well as the | ||||||
4 | possible extension of your life, and your previously expressed | ||||||
5 | wishes. Your agent will weigh the burdens versus benefits of | ||||||
6 | proposed treatments in making decisions on your behalf. | ||||||
7 | Additional statements concerning the withholding or | ||||||
8 | removal of life-sustaining treatment are described below. | ||||||
9 | These can serve as a guide for your agent when making decisions | ||||||
10 | for you. Ask your physician or health care provider if you have | ||||||
11 | any questions about these statements.
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12 | SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR | ||||||
13 | WISHES (optional): | ||||||
14 | .... The quality of my life is more important than the | ||||||
15 | length of my life. If I am unconscious and my attending | ||||||
16 | physician believes, in accordance with reasonable medical | ||||||
17 | standards, that I will not wake up or recover my ability to | ||||||
18 | think, communicate with my family and friends, and | ||||||
19 | experience my surroundings, I do not want treatments to | ||||||
20 | prolong my life or delay my death, but I do want treatment | ||||||
21 | or care to make me comfortable and to relieve me of pain. | ||||||
22 | .... Staying alive is more important to me, no matter how | ||||||
23 | sick I am, how much I am suffering, the cost of the | ||||||
24 | procedures, or how unlikely my chances for recovery are. I | ||||||
25 | want my life to be prolonged to the greatest extent |
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1 | possible in accordance with reasonable medical standards.
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2 | SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY: | ||||||
3 | The above grant of power is intended to be as broad as | ||||||
4 | possible so that your agent will have the authority to make any | ||||||
5 | decision you could make to obtain or terminate any type of | ||||||
6 | health care. If you wish to limit the scope of your agent's | ||||||
7 | powers or prescribe special rules or limit the power to | ||||||
8 | authorize autopsy or dispose of remains, you may do so | ||||||
9 | specifically in this form. | ||||||
10 | .................................. | ||||||
11 | .............................. | ||||||
12 | My signature: .................. | ||||||
13 | Today's date: ................................................
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14 | DELAYED REVOCATION | ||||||
15 | .... I elect to delay revocation of this power of attorney | ||||||
16 | for 30 days after I communicate my intent to revoke it. | ||||||
17 | .... I elect for the revocation of this power of attorney | ||||||
18 | to take effect immediately if I communicate my intent to | ||||||
19 | revoke it.
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20 | HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN | ||||||
21 | COMPLETE THE SIGNATURE PORTION: | ||||||
22 | I am at least 18 years old. (check one of the options |
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1 | below): | ||||||
2 | .... I saw the principal sign this document, or | ||||||
3 | .... the principal told me that the signature or mark on | ||||||
4 | the principal signature line is his or hers. | ||||||
5 | I am not the agent or successor agent(s) named in this | ||||||
6 | document. I am not related to the principal, the agent, or the | ||||||
7 | successor agent(s) by blood, marriage, or adoption. I am not | ||||||
8 | the principal's physician, advanced practice registered nurse, | ||||||
9 | dentist, podiatric physician, optometrist, psychologist, or a | ||||||
10 | relative of one of those individuals. I am not an owner or | ||||||
11 | operator (or the relative of an owner or operator) of the | ||||||
12 | health care facility where the principal is a patient or | ||||||
13 | resident. | ||||||
14 | Witness printed name: ............ | ||||||
15 | Witness address: .............. | ||||||
16 | Witness signature: ............... | ||||||
17 | Today's date: ................................................
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18 | (c) The statutory short form power of attorney for health | ||||||
19 | care (the
"statutory health care power") authorizes the agent | ||||||
20 | to make any and all
health care decisions on behalf of the | ||||||
21 | principal which the principal could
make if present and under | ||||||
22 | no disability, subject to any limitations on the
granted | ||||||
23 | powers that appear on the face of the form, to be exercised in | ||||||
24 | such
manner as the agent deems consistent with the intent and | ||||||
25 | desires of the
principal. The agent will be under no duty to |
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1 | exercise granted powers or
to assume control of or | ||||||
2 | responsibility for the principal's health care;
but when | ||||||
3 | granted powers are exercised, the agent will be required to | ||||||
4 | use
due care to act for the benefit of the principal in | ||||||
5 | accordance with the
terms of the statutory health care power | ||||||
6 | and will be liable
for negligent exercise. The agent may act in | ||||||
7 | person or through others
reasonably employed by the agent for | ||||||
8 | that purpose
but may not delegate authority to make health | ||||||
9 | care decisions. The agent
may sign and deliver all | ||||||
10 | instruments, negotiate and enter into all
agreements and do | ||||||
11 | all other acts reasonably necessary to implement the
exercise | ||||||
12 | of the powers granted to the agent. Without limiting the
| ||||||
13 | generality of the foregoing, the statutory health care power | ||||||
14 | shall include
the following powers, subject to any limitations | ||||||
15 | appearing on the face of the form:
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16 | (1) The agent is authorized to give consent to and | ||||||
17 | authorize or refuse,
or to withhold or withdraw consent | ||||||
18 | to, any and all types of medical care,
treatment or | ||||||
19 | procedures relating to the physical or mental health of | ||||||
20 | the
principal, including any medication program, surgical | ||||||
21 | procedures,
life-sustaining treatment or provision of food | ||||||
22 | and fluids for the principal.
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23 | (2) The agent is authorized to admit the principal to | ||||||
24 | or discharge the
principal from any and all types of | ||||||
25 | hospitals, institutions, homes,
residential or nursing | ||||||
26 | facilities, treatment centers and other health care
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1 | institutions providing personal care or treatment for any | ||||||
2 | type of physical
or mental condition. The agent shall have | ||||||
3 | the same right to visit the
principal in the hospital or | ||||||
4 | other institution as is granted to a spouse or
adult child | ||||||
5 | of the principal, any rule of the institution to the | ||||||
6 | contrary
notwithstanding.
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7 | (3) The agent is authorized to contract for any and | ||||||
8 | all types of health
care services and facilities in the | ||||||
9 | name of and on behalf of the principal
and to bind the | ||||||
10 | principal to pay for all such services and facilities,
and | ||||||
11 | to have and exercise those powers over the principal's | ||||||
12 | property as are
authorized under the statutory property | ||||||
13 | power, to the extent the agent
deems necessary to pay | ||||||
14 | health care costs; and
the agent shall not be personally | ||||||
15 | liable for any services or care contracted
for on behalf | ||||||
16 | of the principal.
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17 | (4) At the principal's expense and subject to | ||||||
18 | reasonable rules of the
health care provider to prevent | ||||||
19 | disruption of the principal's health care,
the agent shall | ||||||
20 | have the same right the principal has to examine and copy
| ||||||
21 | and consent to disclosure of all the principal's medical | ||||||
22 | records that the agent deems
relevant to the exercise of | ||||||
23 | the agent's powers, whether the records
relate to mental | ||||||
24 | health or any other medical condition and whether they are | ||||||
25 | in
the possession of or maintained by any physician, | ||||||
26 | psychiatrist,
psychologist, therapist, hospital, nursing |
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1 | home or other health care
provider. The authority under | ||||||
2 | this paragraph (4) applies to any information governed by | ||||||
3 | the Health Insurance Portability and Accountability Act of | ||||||
4 | 1996 ("HIPAA") and regulations thereunder. The agent | ||||||
5 | serves as the principal's personal representative, as that | ||||||
6 | term is defined under HIPAA and regulations thereunder.
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7 | (5) The agent is authorized: to direct that an autopsy | ||||||
8 | be made pursuant
to Section 2 of the Autopsy Act;
to make a | ||||||
9 | disposition of any
part or all of the principal's body | ||||||
10 | pursuant to the Illinois Anatomical Gift
Act, as now or | ||||||
11 | hereafter amended; and to direct the disposition of the
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12 | principal's remains. | ||||||
13 | (6) At any time during which there is no executor or | ||||||
14 | administrator appointed for the principal's estate, the | ||||||
15 | agent is authorized to continue to pursue an application | ||||||
16 | or appeal for government benefits if those benefits were | ||||||
17 | applied for during the life of the principal.
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18 | (d) A physician may determine that the principal is unable | ||||||
19 | to make health care decisions for himself or herself only if | ||||||
20 | the principal lacks decisional capacity, as that term is | ||||||
21 | defined in Section 10 of the Health Care Surrogate Act. | ||||||
22 | (e) If the principal names the agent as a guardian on the | ||||||
23 | statutory short form, and if a court decides that the | ||||||
24 | appointment of a guardian will serve the principal's best | ||||||
25 | interests and welfare, the court shall appoint the agent to | ||||||
26 | serve without bond or security. |
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1 | (Source: P.A. 100-513, eff. 1-1-18; 101-81, eff. 7-12-19; | ||||||
2 | 101-163, eff. 1-1-20 .)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
|