Illinois General Assembly - Bill Status for HB6477

Deletes everything after the enacting clause. Amends the Illinois Power of Attorney Act. Makes numerous substantive and stylistic changes. In relation to Durable Powers Of Attorney: Defines "incapacity". Provides that the execution of a new power of attorney does not revoke a prior power of attorney, unless the new power expressly revokes the prior power. Adds specific requirements relating to an agent's records and disclosures, and provides remedies for violations of an agent's duties. Creates a form to be used for the agent's certification and acceptance of authority. Includes provisions relating to co-agents and successor agents, and creates separate forms for their use. Limits liability in certain cases of good faith reliance. Sets forth requirements, including acknowledgement of the principal's signature, for nonstatutory forms. Includes savings provisions. In relation to both the Statutory Short Form Power Of Attorney For Property and Powers Of Attorney For Health Care: Makes both substantive and stylistic changes in the prescribed statutory short forms. Requires an explanatory Notice page to be a part of the form, and includes various Notes and instructions in the body of the form. Also provides for a Notice to Agent form that describes the agent's duties. Prohibits certain persons from acting as witnesses. Includes savings provisions. Also in relation to Powers Of Attorney For Health Care: Defines "incurable or irreversible medical condition", "permanent unconsciousness", and ""terminal condition". Amends the form to provide that its use does revoke all prior powers of attorney for health care. Adds provisions relating to the agent's power to authorize an autopsy, direct the disposition of remains, and make anatomical gifts, and makes those decisions binding. Provides that signing the power of attorney authorizes physicians, health care providers, insurance companies, and others to disclose the principal's confidential health care information to the designated agent, and supersedes any contrary agreement with the health care provider. Grants the agent power to use and disclose individually identifiable health information and confidential medical records covered by HIPAA and other confidentiality Acts. Provides that the agent's powers to obtain, use, and disclose that confidential information take effect upon signing the form, even before the agency itself takes effect, and do not expire unless specifically revoked in a writing delivered to the health care provider. Makes other changes. Effective July 1, 2011.

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