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Power of Attorney for Health Care
As discussed in the last column, a Power of Attorney is a powerful tool. It is a document which allows another person to sign your name or manage health care decisions on your behalf, with the same legal effect as if you had signed or acted in person. The last column addressed the uses of a Power of Attorney for Property. This column will discuss the Power of Attorney for Health Care.
There is a law in Illinois called the "Illinois Power of Attorney Act." The law recognizes the right of each person to control all aspects of his medical treatment, including the right to decline medical treatment or to direct that it be withdrawn, even if death may result. However, when a person becomes disabled and unable to speak for himself, his right to control treatment may be lost unless he has given the decision making power to a trusted agent.
Rules and forms are required to protect the patient and to protect hospitals and other health care agencies. Therefore the law contains a form Power of Attorney for Health Care. When a form substantially like this form is used, health care providers and other third parties who rely on the form are protected.
In the POA for Health Care you name who will be your agent to make your health care decisions, and you give him guidelines to help him make the decisions. There is a section for how you want end-of-life care to be handled, similar to a living will. You can name a successor agent to act if your first choice of agent is unavailable. The named agents will act one at a time, not as co-agents.
When there is no valid POA in place, the health care provider will follow the Health Care Surrogate Act which sets up an order of individuals who are authorized to make a patient's health care decisions. The first person is a court appointed guardian. (Often there is none.) The second person in line is the spouse. If the patient is not married or if the spouse is deceased or unavailable, the next person to have authority is any adult son or daughter. Next would be the person's parent; then a sibling; next a grandchild; then a close friend.
Relying on this order of authority may mean that a person you would never have chosen as your agent will be making your health care decisions. Or it could mean serious disagreements among your children. It is much better to have a valid POA for Health Care in place! NOTE: There are strict rules about who can and cannot act as agent; and who can and cannot act as witness.
The POA can be effective immediately; or it can spring into effect at a future date or the happening of an event. That event is usually the disability of the principal. The Power of Attorney can define how the principal's disability is determined - often it requires a letter from the attending physician. It is generally not a good idea to make it effective "when a court determines that I am disabled" because one of the benefits of the Power of Attorney is the avoidance of court involvement in this process at all.
Every adult should have a POA for Health Care. It can avoid the need for a guardianship and avoid disagreements among family members. Generally, a Power of Attorney has no effect and the agent can no longer sign or act for the principal after the death of the principal. The Health Care POA however can give the named agent the authority to direct anatomical gifts, to direct funeral and burial arrangements, and provide access to medical records.
For self-help on this form you can visit the website of Illinois Legal Aid. (http://www.illinoislegalaid.org/) Because this form is very powerful it is advisable for you to consult an attorney before signing it. The attorney can help you decide whether the form needs to be revised for your unique situation.
Note: This column provides general information related to the law designed to help readers understand their own legal needs. This column does not provide legal advice. Please consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between the reader and the author of this column.
Power of Attorney for Health Care
As discussed in the last column, a Power of Attorney is a powerful tool. It is a document which allows another person to sign your name or manage health care decisions on your behalf, with the same legal effect as if you had signed or acted in person. The last column addressed the uses of a Power of Attorney for Property. This column will discuss the Power of Attorney for Health Care.
There is a law in Illinois called the "Illinois Power of Attorney Act." The law recognizes the right of each person to control all aspects of his medical treatment, including the right to decline medical treatment or to direct that it be withdrawn, even if death may result. However, when a person becomes disabled and unable to speak for himself, his right to control treatment may be lost unless he has given the decision making power to a trusted agent.
Rules and forms are required to protect the patient and to protect hospitals and other health care agencies. Therefore the law contains a form Power of Attorney for Health Care. When a form substantially like this form is used, health care providers and other third parties who rely on the form are protected.
In the POA for Health Care you name who will be your agent to make your health care decisions, and you give him guidelines to help him make the decisions. There is a section for how you want end-of-life care to be handled, similar to a living will. You can name a successor agent to act if your first choice of agent is unavailable. The named agents will act one at a time, not as co-agents.
When there is no valid POA in place, the health care provider will follow the Health Care Surrogate Act which sets up an order of individuals who are authorized to make a patient's health care decisions. The first person is a court appointed guardian. (Often there is none.) The second person in line is the spouse. If the patient is not married or if the spouse is deceased or unavailable, the next person to have authority is any adult son or daughter. Next would be the person's parent; then a sibling; next a grandchild; then a close friend.
Relying on this order of authority may mean that a person you would never have chosen as your agent will be making your health care decisions. Or it could mean serious disagreements among your children. It is much better to have a valid POA for Health Care in place! NOTE: There are strict rules about who can and cannot act as agent; and who can and cannot act as witness.
The POA can be effective immediately; or it can spring into effect at a future date or the happening of an event. That event is usually the disability of the principal. The Power of Attorney can define how the principal's disability is determined - often it requires a letter from the attending physician. It is generally not a good idea to make it effective "when a court determines that I am disabled" because one of the benefits of the Power of Attorney is the avoidance of court involvement in this process at all.
Every adult should have a POA for Health Care. It can avoid the need for a guardianship and avoid disagreements among family members. Generally, a Power of Attorney has no effect and the agent can no longer sign or act for the principal after the death of the principal. The Health Care POA however can give the named agent the authority to direct anatomical gifts, to direct funeral and burial arrangements, and provide access to medical records.
For self-help on this form you can visit the website of Illinois Legal Aid. (http://www.illinoislegalaid.org/) Because this form is very powerful it is advisable for you to consult an attorney before signing it. The attorney can help you decide whether the form needs to be revised for your unique situation.
Note: This column provides general information related to the law designed to help readers understand their own legal needs. This column does not provide legal advice. Please consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between the reader and the author of this column.
