One of the most important documents that anyone can sign is a Power of Attorney for Health Care (“POAHC”). It allows you to choose a person to speak for you, if you cannot express your wishes regarding your medical decisions. Your spokesman is usually called your health care agent.

The Power of Attorney for Health Care also allows you to express your preferences regarding certain types of treatments if you are extremely ill and your life is being maintained by mechanical means.

There is an Illinois-approved format for a POAHC, which is called the “statutory” form. The statutory form is generally accepted across Illinois without a lot of fuss or questions. A “non-statutory” form may need to be reviewed and approved by the hospital’s legal department, before your agent can act on your behalf.

Although a Power of Attorney for Health Care is fundamental to controlling one’s medical care, many people have not completed one. The hospitals and medical societies believed that the 2011 POAHC was too “legalistic” and wasn’t being used because it was too hard for one to understand without a professional explanation.

New format is more user-friendly

In response to these concerns, the Illinois legislature updated and simplified the statutory POAHC form for 2015. Hopefully, more people will now select a health care agent for themselves, and make sure that their end-of-life wishes are known.

The new, “user-friendly” statutory short form Power of Attorney for Health Care is effective for anyone signing a POAHC after January 1, 2015. Several changes were made for 2016, based on the response to the 2015 version.

Expanded Notice Section

The new POAHC form includes a mandatory Notice section, which is in the form of a series of FAQs. The new Notice section acts as a guide to the fundamental issues that should be addressed, without a lot of complicated legal jargon.

The Notice must be read carefully. The Notice addresses considerations for choosing your agent. There are also questions raised in the Notice about your treatment wishes in different situations. It is a good idea to write down your thoughts and responses, so that you can discuss the various questions with your health care agent.

The new statutory short form Power of Attorney for Health Care is now three pages long (not including the Notice). You should read the Power of Attorney carefully, so that you understand the scope of your agent’s authority. You need to consider your choices about life-sustaining treatments, and whether you want to limit the timing and authority of your health care agent.

Don’t Delay. Prepare your Power of Attorney for Health Care NOW

It is very important that every adult in Illinois have a Power of Attorney for Health Care. You never know when you might need it. The stories about those who suddenly became seriously ill without appointing a health care agent to act on their behalf are heart-wrenching. You want your story to have a different outcome.

Download a copy

You can download a copy of the Illinois Statutory Power of Attorney for Health Care using the link below.

Please feel free to contact me, or the estate planner of your choice, if you have any questions.

2016 Illinois Statutory Power of Attorney for Health Care (pdf document)

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Additional Resources:

To help you complete your Power of Attorney for Health Care, you can review a step-by-step set of instructions using the link below.

Instructions for 2016 Illinois Power of Attorney for Health Care

Five Traits of the Perfect Health Care Agent

Sometimes it can be difficult to pick the right persons to act as your health care agents. If you’re having problems choosing agents, I have prepared a Health Care Agent Selection Worksheet which may be helpful. You can download the Worksheet using the link below.

Health Care Agent Selection Worksheet (pdf document)

Life Sustaining Treatments

If you are very ill and your health is failing, your health care agent may be asked to decide whether life-sustaining treatments should be commenced, continued or removed. This is a terribly difficult decision for anyone to make. In order to help your agent make the decision that you would want, you need to discuss the possibilities with your agent. While most people have a sense of what he or she would want (e.g. “I want a dignified death”), it can be almost impossible to have a comprehensive discussion about your views.

Please see the post titled How to explain your wishes about Life-Sustaining Treatments for a discussion of various considerations relating to end-of-life issues.

Disclaimer:

The 2016 Illinois Statutory Power of Attorney for Health Care form provided by this website closely follows the format set forth in the Illinois Compiled Statutes, Chapter 755, Act 45, Article IV (except where noted here and in the Instructions). However, this form is for informational purposes only, and no legal opinion is given as to the effectiveness of such form in any situation. An attorney-client relationship will not be created by use of such form and the Instructions. You are urged to consult with your doctor and lawyer before completing and signing the Power of Attorney for Health Care form. Please see the disclaimer for this website for additional details.