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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, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Power of Attorney Act is amended by | ||||||
5 | changing Sections 4-5.1 and 4-10 as follows:
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6 | (755 ILCS 45/4-5.1) | ||||||
7 | Sec. 4-5.1. Limitations on who may witness health care | ||||||
8 | agencies. | ||||||
9 | (a) Every health care agency shall bear the signature of a | ||||||
10 | witness to the signing of the agency. No witness may be under | ||||||
11 | 18 years of age. None of the following licensed professionals | ||||||
12 | providing services to the principal may serve as a witness to | ||||||
13 | the signing of a health care agency: | ||||||
14 | (1) the attending physician, advanced practice nurse, | ||||||
15 | physician assistant, dentist, podiatric physician, | ||||||
16 | optometrist, or psychologist mental health service | ||||||
17 | provider of the principal, or a relative of the physician, | ||||||
18 | advanced practice nurse, physician assistant, dentist, | ||||||
19 | podiatric physician, optometrist, or psychologist mental | ||||||
20 | health service provider ; | ||||||
21 | (2) an owner, operator, or relative of an owner or | ||||||
22 | operator of a health care facility in which the principal | ||||||
23 | is a patient or resident; |
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1 | (3) a parent, sibling, or descendant, or the spouse of | ||||||
2 | a parent, sibling, or descendant, of either the principal | ||||||
3 | or any agent or successor agent, regardless of whether the | ||||||
4 | relationship is by blood, marriage, or adoption; | ||||||
5 | (4) an agent or successor agent for health care. | ||||||
6 | (b) The prohibition on the operator of a health care | ||||||
7 | facility from serving as a witness shall extend to directors | ||||||
8 | and executive officers of an operator that is a corporate | ||||||
9 | entity but not other employees of the operator such as, but not | ||||||
10 | limited to, non-owner chaplains or social workers, nurses, and | ||||||
11 | other employees.
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12 | (Source: P.A. 98-1113, eff. 1-1-15 .)
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13 | (755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
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14 | Sec. 4-10. Statutory short form power of attorney for | ||||||
15 | health care.
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16 | (a) The form prescribed in this Section (sometimes also | ||||||
17 | referred to in this Act as the
"statutory health care power") | ||||||
18 | may be used to grant an agent powers with
respect to the | ||||||
19 | principal's own health care; but the statutory health care
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20 | power is not intended to be exclusive nor to cover delegation | ||||||
21 | of a parent's
power to control the health care of a minor | ||||||
22 | child, and no provision of this
Article shall be construed to | ||||||
23 | invalidate or bar use by the principal of any
other or
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24 | different form of power of attorney for health care. | ||||||
25 | Nonstatutory health
care powers must be
executed by the |
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1 | principal, designate the agent and the agent's powers, and
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2 | comply with the limitations in Section 4-5 of this Article, but | ||||||
3 | they need not be witnessed or
conform in any other respect to | ||||||
4 | the statutory health care power. | ||||||
5 | No specific format is required for the statutory health | ||||||
6 | care power of attorney other than the notice must precede the | ||||||
7 | form. The statutory health care power may be included in or
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8 | combined with any
other form of power of attorney governing | ||||||
9 | property or other matters.
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10 | (b) The Illinois Statutory Short Form Power of Attorney for | ||||||
11 | Health Care shall be substantially as follows:
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12 | NOTICE TO THE INDIVIDUAL SIGNING | ||||||
13 | THE POWER OF ATTORNEY FOR HEALTH CARE | ||||||
14 | No one can predict when a serious illness or accident might | ||||||
15 | occur. When it does, you may need someone else to speak or make | ||||||
16 | health care decisions for you. If you plan now, you can | ||||||
17 | increase the chances that the medical treatment you get will be | ||||||
18 | the treatment you want. | ||||||
19 | In Illinois, you can choose someone to be your "health care | ||||||
20 | agent". Your agent is the person you trust to make health care | ||||||
21 | decisions for you if you are unable or do not want to make them | ||||||
22 | yourself. These decisions should be based on your personal | ||||||
23 | values and wishes. | ||||||
24 | It is important to put your choice of agent in writing. The | ||||||
25 | written form is often called an "advance directive". You may |
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1 | use this form or another form, as long as it meets the legal | ||||||
2 | requirements of Illinois. There are many written and on-line | ||||||
3 | resources to guide you and your loved ones in having a | ||||||
4 | conversation about these issues. You may find it helpful to | ||||||
5 | look at these resources while thinking about and discussing | ||||||
6 | your advance directive.
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7 | WHAT ARE THE THINGS I WANT MY | ||||||
8 | HEALTH CARE AGENT TO KNOW? | ||||||
9 | The selection of your agent should be considered carefully, | ||||||
10 | as your agent will have the ultimate decision making authority | ||||||
11 | once this document goes into effect, in most instances after | ||||||
12 | you are no longer able to make your own decisions. While the | ||||||
13 | goal is for your agent to make decisions in keeping with your | ||||||
14 | preferences and in the majority of circumstances that is what | ||||||
15 | happens, please know that the law does allow your agent to make | ||||||
16 | decisions to direct or refuse health care interventions or | ||||||
17 | withdraw treatment. Your agent will need to think about | ||||||
18 | conversations you have had, your personality, and how you | ||||||
19 | handled important health care issues in the past. Therefore, it | ||||||
20 | is important to talk with your agent and your family about such | ||||||
21 | things as: | ||||||
22 | (i) What is most important to you in your life? | ||||||
23 | (ii) How important is it to you to avoid pain and | ||||||
24 | suffering? | ||||||
25 | (iii) If you had to choose, is it more important to you |
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1 | to live as long as possible, or to avoid prolonged | ||||||
2 | suffering or disability? | ||||||
3 | (iv) Would you rather be at home or in a hospital for | ||||||
4 | the last days or weeks of your life? | ||||||
5 | (v) Do you have religious, spiritual, or cultural | ||||||
6 | beliefs that you want your agent and others to consider? | ||||||
7 | (vi) Do you wish to make a significant contribution to | ||||||
8 | medical science after your death through organ or whole | ||||||
9 | body donation? | ||||||
10 | (vii) Do you have an existing advanced directive, such | ||||||
11 | as a living will, that contains your specific wishes about | ||||||
12 | health care that is only delaying your death? If you have | ||||||
13 | another advance directive, make sure to discuss with your | ||||||
14 | agent the directive and the treatment decisions contained | ||||||
15 | within that outline your preferences. Make sure that your | ||||||
16 | agent agrees to honor the wishes expressed in your advance | ||||||
17 | directive.
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18 | WHAT KIND OF DECISIONS CAN MY AGENT MAKE? | ||||||
19 | If there is ever a period of time when your physician | ||||||
20 | determines that you cannot make your own health care decisions, | ||||||
21 | or if you do not want to make your own decisions, some of the | ||||||
22 | decisions your agent could make are to: | ||||||
23 | (i) talk with physicians and other health care | ||||||
24 | providers about your condition. | ||||||
25 | (ii) see medical records and approve who else can see |
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1 | them. | ||||||
2 | (iii) give permission for medical tests, medicines, | ||||||
3 | surgery, or other treatments. | ||||||
4 | (iv) choose where you receive care and which physicians | ||||||
5 | and others provide it. | ||||||
6 | (v) decide to accept, withdraw, or decline treatments | ||||||
7 | designed to keep you alive if you are near death or not | ||||||
8 | likely to recover. You may choose to include guidelines | ||||||
9 | and/or restrictions to your agent's authority. | ||||||
10 | (vi) agree or decline to donate your organs or your | ||||||
11 | whole body if you have not already made this decision | ||||||
12 | yourself. This could include donation for transplant, | ||||||
13 | research, and/or education. You should let your agent know | ||||||
14 | whether you are registered as a donor in the First Person | ||||||
15 | Consent registry maintained by the Illinois Secretary of | ||||||
16 | State or whether you have agreed to donate your whole body | ||||||
17 | for medical research and/or education. | ||||||
18 | (vii) decide what to do with your remains after you | ||||||
19 | have died, if you have not already made plans. | ||||||
20 | (viii) talk with your other loved ones to help come to | ||||||
21 | a decision (but your designated agent will have the final | ||||||
22 | say over your other loved ones). | ||||||
23 | Your agent is not automatically responsible for your health | ||||||
24 | care expenses.
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25 | WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT? |
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1 | You can pick a family member, but you do not have to. Your | ||||||
2 | agent will have the responsibility to make medical treatment | ||||||
3 | decisions, even if other people close to you might urge a | ||||||
4 | different decision. The selection of your agent should be done | ||||||
5 | carefully, as he or she will have ultimate decision-making | ||||||
6 | authority for your treatment decisions once you are no longer | ||||||
7 | able to voice your preferences. Choose a family member, friend, | ||||||
8 | or other person who: | ||||||
9 | (i) is at least 18 years old; | ||||||
10 | (ii) knows you well; | ||||||
11 | (iii) you trust to do what is best for you and is | ||||||
12 | willing to carry out your wishes, even if he or she may not | ||||||
13 | agree with your wishes; | ||||||
14 | (iv) would be comfortable talking with and questioning | ||||||
15 | your physicians and other health care providers; | ||||||
16 | (v) would not be too upset to carry out your wishes if | ||||||
17 | you became very sick; and | ||||||
18 | (vi) can be there for you when you need it and is | ||||||
19 | willing to accept this important role.
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20 | WHAT IF MY AGENT IS NOT AVAILABLE OR IS | ||||||
21 | UNWILLING TO MAKE DECISIONS FOR ME? | ||||||
22 | If the person who is your first choice is unable to carry | ||||||
23 | out this role, then the second agent you chose will make the | ||||||
24 | decisions; if your second agent is not available, then the | ||||||
25 | third agent you chose will make the decisions. The second and |
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1 | third agents are called your successor agents and they function | ||||||
2 | as back-up agents to your first choice agent and may act only | ||||||
3 | one at a time and in the order you list them.
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4 | WHAT WILL HAPPEN IF I DO NOT | ||||||
5 | CHOOSE A HEALTH CARE AGENT? | ||||||
6 | If you become unable to make your own health care decisions | ||||||
7 | and have not named an agent in writing, your physician and | ||||||
8 | other health care providers will ask a family member, friend, | ||||||
9 | or guardian to make decisions for you. In Illinois, a law | ||||||
10 | directs which of these individuals will be consulted. In that | ||||||
11 | law, each of these individuals is called a "surrogate". | ||||||
12 | There are reasons why you may want to name an agent rather | ||||||
13 | than rely on a surrogate: | ||||||
14 | (i) The person or people listed by this law may not be | ||||||
15 | who you would want to make decisions for you. | ||||||
16 | (ii) Some family members or friends might not be able | ||||||
17 | or willing to make decisions as you would want them to. | ||||||
18 | (iii) Family members and friends may disagree with one | ||||||
19 | another about the best decisions. | ||||||
20 | (iv) Under some circumstances, a surrogate may not be | ||||||
21 | able to make the same kinds of decisions that an agent can | ||||||
22 | make.
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23 | WHAT IF THERE IS NO ONE AVAILABLE | ||||||
24 | WHOM I TRUST TO BE MY AGENT? |
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1 | In this situation, it is especially important to talk to | ||||||
2 | your physician and other health care providers and create | ||||||
3 | written guidance about what you want or do not want, in case | ||||||
4 | you are ever critically ill and cannot express your own wishes. | ||||||
5 | You can complete a living will. You can also write your wishes | ||||||
6 | down and/or discuss them with your physician or other health | ||||||
7 | care provider and ask him or her to write it down in your | ||||||
8 | chart. You might also want to use written or on-line resources | ||||||
9 | to guide you through this process.
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10 | WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT? | ||||||
11 | Follow these instructions after you have completed the | ||||||
12 | form: | ||||||
13 | (i) Sign the form in front of a witness. See the form | ||||||
14 | for a list of who can and cannot witness it. | ||||||
15 | (ii) Ask the witness to sign it, too. | ||||||
16 | (iii) There is no need to have the form notarized. | ||||||
17 | (iv) Give a copy to your agent and to each of your | ||||||
18 | successor agents. | ||||||
19 | (v) Give another copy to your physician. | ||||||
20 | (vi) Take a copy with you when you go to the hospital. | ||||||
21 | (vii) Show it to your family and friends and others who | ||||||
22 | care for you.
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23 | WHAT IF I CHANGE MY MIND? | ||||||
24 | You may change your mind at any time. If you do, tell |
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1 | someone who is at least 18 years old that you have changed your | ||||||
2 | mind, and/or destroy your document and any copies. If you wish, | ||||||
3 | fill out a new form and make sure everyone you gave the old | ||||||
4 | form to has a copy of the new one, including, but not limited | ||||||
5 | to, your agents and your physicians.
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6 | WHAT IF I DO NOT WANT TO USE THIS FORM? | ||||||
7 | In the event you do not want to use the Illinois statutory | ||||||
8 | form provided here, any document you complete must be executed | ||||||
9 | by you, designate an agent who is over 18 years of age and not | ||||||
10 | prohibited from serving as your agent, and state the agent's | ||||||
11 | powers, but it need not be witnessed or conform in any other | ||||||
12 | respect to the statutory health care power. | ||||||
13 | If you have questions about the use of any form, you may | ||||||
14 | want to consult your physician, other health care provider, | ||||||
15 | and/or an attorney.
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16 | MY POWER OF ATTORNEY FOR HEALTH CARE | ||||||
17 | THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY | ||||||
18 | FOR HEALTH CARE. (You must sign this form and a witness must | ||||||
19 | also sign it before it is valid)
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20 | My name (Print your full name): .......... | ||||||
21 | My address: ..................................................
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1 | I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT | ||||||
2 | (an agent is your personal representative under state and | ||||||
3 | federal law): | ||||||
4 | (Agent name) ................. | ||||||
5 | (Agent address) ............. | ||||||
6 | (Agent phone number) .........................................
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7 | (Please check box if applicable) .... If a guardian of my | ||||||
8 | person is to be appointed, I nominate the agent acting under | ||||||
9 | this power of attorney as guardian.
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10 | SUCCESSOR HEALTH CARE AGENT(S) (optional): | ||||||
11 | If the agent I selected is unable or does not want to make | ||||||
12 | health care decisions for me, then I request the person(s) I | ||||||
13 | name below to be my successor health care agent(s). Only one | ||||||
14 | person at a time can serve as my agent (add another page if you | ||||||
15 | want to add more successor agent names): | ||||||
16 | ............................................................. | ||||||
17 | (Successor agent #1 name, address and phone number) | ||||||
18 | ............................................................. | ||||||
19 | (Successor agent #2 name, address and phone number)
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20 | MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING: | ||||||
21 | (i) Deciding to accept, withdraw or decline treatment | ||||||
22 | for any physical or mental condition of mine, including | ||||||
23 | life-and-death decisions. |
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1 | (ii) Agreeing to admit me to or discharge me from any | ||||||
2 | hospital, home, or other institution, including a mental | ||||||
3 | health facility. | ||||||
4 | (iii) Having complete access to my medical and mental | ||||||
5 | health records, and sharing them with others as needed, | ||||||
6 | including after I die. | ||||||
7 | (iv) Carrying out the plans I have already made, or, if | ||||||
8 | I have not done so, making decisions about my body or | ||||||
9 | remains, including organ, tissue or whole body donation, | ||||||
10 | autopsy, cremation, and burial. | ||||||
11 | The above grant of power is intended to be as broad as | ||||||
12 | possible so that my agent will have the authority to make any | ||||||
13 | decision I could make to obtain or terminate any type of health | ||||||
14 | care, including withdrawal of nutrition and hydration and other | ||||||
15 | life-sustaining measures.
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16 | I AUTHORIZE MY AGENT TO (please check any one box): | ||||||
17 | .... Make decisions for me only when I cannot make them for | ||||||
18 | myself. The physician(s) taking care of me will determine | ||||||
19 | when I lack this ability. | ||||||
20 | (If no box is checked, then the box above shall be | ||||||
21 | implemented.)
OR | ||||||
22 | .... Make decisions for me only when I cannot make them for | ||||||
23 | myself. The physician(s) taking care of me will determine | ||||||
24 | when I lack this ability. Starting now, my agent shall have | ||||||
25 | complete access to my medical and mental health records, |
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1 | the authority to share them with others as needed, and the | ||||||
2 | complete ability to communicate with my personal | ||||||
3 | physician(s) and other health care providers, including | ||||||
4 | the ability to require an opinion of my physician as to | ||||||
5 | whether I lack the ability to make decisions for myself. OR | ||||||
6 | .... Make decisions for me starting now and continuing | ||||||
7 | after I am no longer able to make them for myself. While I | ||||||
8 | am still able to make my own decisions, I can still do so | ||||||
9 | if I want to , but want my agent to be consulted, if | ||||||
10 | available .
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11 | The subject of life-sustaining treatment is of particular | ||||||
12 | importance. Life-sustaining treatments may include tube | ||||||
13 | feedings or fluids through a tube, breathing machines, and CPR. | ||||||
14 | In general, in making decisions concerning life-sustaining | ||||||
15 | treatment, your agent is instructed to consider the relief of | ||||||
16 | suffering, the quality as well as the possible extension of | ||||||
17 | your life, and your previously expressed wishes. Your agent | ||||||
18 | will weigh the burdens versus benefits of proposed treatments | ||||||
19 | in making decisions on your behalf. | ||||||
20 | Additional statements concerning the withholding or | ||||||
21 | removal of life-sustaining treatment are described below. | ||||||
22 | These can serve as a guide for your agent when making decisions | ||||||
23 | for you. Ask your physician or health care provider if you have | ||||||
24 | any questions about these statements.
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1 | SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR WISHES | ||||||
2 | (optional): | ||||||
3 | .... The quality of my life is more important than the | ||||||
4 | length of my life. If I am unconscious and my attending | ||||||
5 | physician believes, in accordance with reasonable medical | ||||||
6 | standards, that I will not wake up or recover my ability to | ||||||
7 | think, communicate with my family and friends, and | ||||||
8 | experience my surroundings, I do not want treatments to | ||||||
9 | prolong my life or delay my death, but I do want treatment | ||||||
10 | or care to make me comfortable and to relieve me of pain. | ||||||
11 | .... Staying alive is more important to me, no matter how | ||||||
12 | sick I am, how much I am suffering, the cost of the | ||||||
13 | procedures, or how unlikely my chances for recovery are. I | ||||||
14 | want my life to be prolonged to the greatest extent | ||||||
15 | possible in accordance with reasonable medical standards.
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16 | SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY: | ||||||
17 | The above grant of power is intended to be as broad as | ||||||
18 | possible so that your agent will have the authority to make any | ||||||
19 | decision you could make to obtain or terminate any type of | ||||||
20 | health care. If you wish to limit the scope of your agent's | ||||||
21 | powers or prescribe special rules or limit the power to | ||||||
22 | authorize autopsy or dispose of remains, you may do so | ||||||
23 | specifically in this form. | ||||||
24 | .................................. | ||||||
25 | .............................. |
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1 | My signature: .................. | ||||||
2 | Today's date: ................................................
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3 | HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN | ||||||
4 | COMPLETE THE SIGNATURE PORTION: | ||||||
5 | I am at least 18 years old. (check one of the options | ||||||
6 | below): | ||||||
7 | .... I saw the principal sign this document, or | ||||||
8 | .... the principal told me that the signature or mark on | ||||||
9 | the principal signature line is his or hers. | ||||||
10 | I am not the agent or successor agent(s) named in this | ||||||
11 | document. I am not related to the principal, the agent, or the | ||||||
12 | successor agent(s) by blood, marriage, or adoption. I am not | ||||||
13 | the principal's physician, advanced practice nurse, dentist, | ||||||
14 | podiatric physician, optometrist, psychologist mental health | ||||||
15 | service provider , or a relative of one of those individuals. I | ||||||
16 | am not an owner or operator (or the relative of an owner or | ||||||
17 | operator) of the health care facility where the principal is a | ||||||
18 | patient or resident. | ||||||
19 | Witness printed name: ............ | ||||||
20 | Witness address: .............. | ||||||
21 | Witness signature: ............... | ||||||
22 | Today's date: ................................................
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23 | SUCCESSOR HEALTH CARE AGENT(S) (optional): |
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1 | If the agent I selected is unable or does not want to make | ||||||
2 | health care decisions for me, then I request the person(s) I | ||||||
3 | name below to be my successor health care agent(s). Only one | ||||||
4 | person at a time can serve as my agent (add another page if you | ||||||
5 | want to add more successor agent names): | ||||||
6 | |||||||
7 | (Successor agent #1 name, address and phone number) | ||||||
8 | |||||||
9 | (Successor agent #2 name, address and phone number)
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10 | (c) The statutory short form power of attorney for health | ||||||
11 | care (the
"statutory health care power") authorizes the agent | ||||||
12 | to make any and all
health care decisions on behalf of the | ||||||
13 | principal which the principal could
make if present and under | ||||||
14 | no disability, subject to any limitations on the
granted powers | ||||||
15 | that appear on the face of the form, to be exercised in such
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16 | manner as the agent deems consistent with the intent and | ||||||
17 | desires of the
principal. The agent will be under no duty to | ||||||
18 | exercise granted powers or
to assume control of or | ||||||
19 | responsibility for the principal's health care;
but when | ||||||
20 | granted powers are exercised, the agent will be required to use
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21 | due care to act for the benefit of the principal in accordance | ||||||
22 | with the
terms of the statutory health care power and will be | ||||||
23 | liable
for negligent exercise. The agent may act in person or | ||||||
24 | through others
reasonably employed by the agent for that | ||||||
25 | purpose
but may not delegate authority to make health care |
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1 | decisions. The agent
may sign and deliver all instruments, | ||||||
2 | negotiate and enter into all
agreements and do all other acts | ||||||
3 | reasonably necessary to implement the
exercise of the powers | ||||||
4 | granted to the agent. Without limiting the
generality of the | ||||||
5 | foregoing, the statutory health care power shall include
the | ||||||
6 | following powers, subject to any limitations appearing on the | ||||||
7 | face of the form:
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8 | (1) The agent is authorized to give consent to and | ||||||
9 | authorize or refuse,
or to withhold or withdraw consent to, | ||||||
10 | any and all types of medical care,
treatment or procedures | ||||||
11 | relating to the physical or mental health of the
principal, | ||||||
12 | including any medication program, surgical procedures,
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13 | life-sustaining treatment or provision of food and fluids | ||||||
14 | for the principal.
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15 | (2) The agent is authorized to admit the principal to | ||||||
16 | or discharge the
principal from any and all types of | ||||||
17 | hospitals, institutions, homes,
residential or nursing | ||||||
18 | facilities, treatment centers and other health care
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19 | institutions providing personal care or treatment for any | ||||||
20 | type of physical
or mental condition. The agent shall have | ||||||
21 | the same right to visit the
principal in the hospital or | ||||||
22 | other institution as is granted to a spouse or
adult child | ||||||
23 | of the principal, any rule of the institution to the | ||||||
24 | contrary
notwithstanding.
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25 | (3) The agent is authorized to contract for any and all | ||||||
26 | types of health
care services and facilities in the name of |
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1 | and on behalf of the principal
and to bind the principal to | ||||||
2 | pay for all such services and facilities,
and to have and | ||||||
3 | exercise those powers over the principal's property as are
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4 | authorized under the statutory property power, to the | ||||||
5 | extent the agent
deems necessary to pay health care costs; | ||||||
6 | and
the agent shall not be personally liable for any | ||||||
7 | services or care contracted
for on behalf of the principal.
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8 | (4) At the principal's expense and subject to | ||||||
9 | reasonable rules of the
health care provider to prevent | ||||||
10 | disruption of the principal's health care,
the agent shall | ||||||
11 | have the same right the principal has to examine and copy
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12 | and consent to disclosure of all the principal's medical | ||||||
13 | records that the agent deems
relevant to the exercise of | ||||||
14 | the agent's powers, whether the records
relate to mental | ||||||
15 | health or any other medical condition and whether they are | ||||||
16 | in
the possession of or maintained by any physician, | ||||||
17 | psychiatrist,
psychologist, therapist, hospital, nursing | ||||||
18 | home or other health care
provider. The authority under | ||||||
19 | this paragraph (4) applies to any information governed by | ||||||
20 | the Health Insurance Portability and Accountability Act of | ||||||
21 | 1996 ("HIPAA") and regulations thereunder. The agent | ||||||
22 | serves as the principal's personal representative, as that | ||||||
23 | term is defined under HIPAA and regulations thereunder.
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24 | (5) The agent is authorized: to direct that an autopsy | ||||||
25 | be made pursuant
to Section 2 of "An Act in relation to | ||||||
26 | autopsy of dead bodies", approved
August 13, 1965, |
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1 | including all amendments;
to make a disposition of any
part | ||||||
2 | or all of the principal's body pursuant to the Illinois | ||||||
3 | Anatomical Gift
Act, as now or hereafter amended; and to | ||||||
4 | direct the disposition of the
principal's remains. | ||||||
5 | (6) At any time during which there is no executor or | ||||||
6 | administrator appointed for the principal's estate, the | ||||||
7 | agent is authorized to continue to pursue an application or | ||||||
8 | appeal for government benefits if those benefits were | ||||||
9 | applied for during the life of the principal.
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10 | (d) A physician may determine that the principal is unable | ||||||
11 | to make health care decisions for himself or herself only if | ||||||
12 | the principal lacks decisional capacity, as that term is | ||||||
13 | defined in Section 10 of the Health Care Surrogate Act. | ||||||
14 | (e) If the principal names the agent as a guardian on the | ||||||
15 | statutory short form, and if a court decides that the | ||||||
16 | appointment of a guardian will serve the principal's best | ||||||
17 | interests and welfare, the court shall appoint the agent to | ||||||
18 | serve without bond or security. If appointed hereunder, the | ||||||
19 | court appointed guardian shall be the legal health care | ||||||
20 | decision maker for the principal. | ||||||
21 | (Source: P.A. 97-148, eff. 7-14-11; 98-1113, eff. 1-1-15 .)
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