Full Text of HB4626 101st General Assembly
HB4626 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4626 Introduced 2/5/2020, by Rep. William Davis SYNOPSIS AS INTRODUCED: |
| 755 ILCS 45/4-6 | from Ch. 110 1/2, par. 804-6 | 755 ILCS 45/4-10 | from Ch. 110 1/2, par. 804-10 |
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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 a corresponding change. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Power of Attorney Act is amended by | 5 | | changing Sections 4-6 and 4-10 as follows:
| 6 | | (755 ILCS 45/4-6) (from Ch. 110 1/2, par. 804-6)
| 7 | | Sec. 4-6. Revocation and amendment of health care agencies.
| 8 | | (a) Unless the principal elects a delayed revocation period | 9 | | pursuant to subsection (a-5), every Every health care agency | 10 | | may be revoked by the principal at any
time, without regard to | 11 | | the principal's mental or physical condition, by
any of the | 12 | | following methods:
| 13 | | 1. By being obliterated, burnt, torn or otherwise | 14 | | destroyed or defaced
in a manner indicating intention to | 15 | | revoke;
| 16 | | 2. By a written revocation of the agency signed and | 17 | | dated by the
principal or person acting at the direction of | 18 | | the principal, regardless of whether the written | 19 | | revocation is in an electronic or hard copy format;
| 20 | | 3. By an oral or any other expression of the intent to | 21 | | revoke the agency
in the presence of a witness 18 years of | 22 | | age or older who signs and dates a
writing confirming that | 23 | | such expression of intent was made; or
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| 1 | | 4. For an electronic health care agency, by deleting in | 2 | | a manner indicating the intention to revoke. An electronic | 3 | | health care agency may be revoked electronically using a | 4 | | generic, technology-neutral system in which each user is | 5 | | assigned a unique identifier that is securely maintained | 6 | | and in a manner that meets the regulatory requirements for | 7 | | a digital or electronic signature. Compliance with the | 8 | | standards defined in the Electronic Commerce Security Act | 9 | | or the implementing rules of the Hospital Licensing Act for | 10 | | medical record entry authentication for author validation | 11 | | of the documentation, content accuracy, and completeness | 12 | | meets this standard. | 13 | | (a-5) A principal may elect a 30-day delay of the | 14 | | revocation of the principal's health care agency. If a | 15 | | principal makes this election, the principal's revocation | 16 | | shall be delayed for 30 days after the principal communicates | 17 | | his or her intent to revoke. | 18 | | (b) Every health care agency may be amended at any time by | 19 | | a written
amendment signed and dated by the principal or person | 20 | | acting at the
direction of the principal.
| 21 | | (c) Any person, other than the agent, to whom a revocation | 22 | | or amendment is
communicated or delivered shall make all | 23 | | reasonable efforts to inform the
agent of that fact as promptly | 24 | | as possible.
| 25 | | (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)
| 2 | | Sec. 4-10. Statutory short form power of attorney for | 3 | | health care.
| 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
| 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
| 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
| 15 | | comply with the limitations in Section 4-5 of this Article, but | 16 | | they need not be witnessed or
conform in any other respect to | 17 | | 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
| 21 | | combined with any
other form of power of attorney governing | 22 | | property or other matters.
| 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 | 26 | | codes. Electronic documents under this Act may be created, |
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| 1 | | signed, or revoked electronically using a generic, | 2 | | technology-neutral system in which each user is assigned a | 3 | | unique identifier that is securely maintained and in a manner | 4 | | that meets the regulatory requirements for a digital or | 5 | | electronic signature. Compliance with the standards defined in | 6 | | the Electronic Commerce Security Act or the implementing rules | 7 | | of the Hospital Licensing Act for medical record entry | 8 | | authentication for author validation of the documentation, | 9 | | content accuracy, and completeness meets this standard. | 10 | | (b) The Illinois Statutory Short Form Power of Attorney for | 11 | | Health Care shall be substantially as follows: | 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. | 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 advance 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. | 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. | 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. | 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. | 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. | 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. | 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. | 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. If you are concerned you | 6 | | may revoke your power of attorney at a time when you may need | 7 | | it the most, you may initial the box at the end of the form to | 8 | | indicate that you would like a 30-day waiting period after you | 9 | | voice your intent to revoke your power of attorney. This means | 10 | | if your agent is making decisions for you during that time, | 11 | | your agent can continue to make decisions on your behalf. This | 12 | | election is purely optional, and you do not have to choose it. | 13 | | If you do not choose this option, you can change your mind and | 14 | | revoke the power of attorney at any time. | 15 | | WHAT IF I DO NOT WANT TO USE THIS FORM? | 16 | | In the event you do not want to use the Illinois statutory | 17 | | form provided here, any document you complete must be executed | 18 | | by you, designate an agent who is over 18 years of age and not | 19 | | prohibited from serving as your agent, and state the agent's | 20 | | powers, but it need not be witnessed or conform in any other | 21 | | respect to the statutory health care power. | 22 | | If you have questions about the use of any form, you may | 23 | | want to consult your physician, other health care provider, | 24 | | and/or an attorney. |
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| 1 | | MY POWER OF ATTORNEY FOR HEALTH CARE | 2 | | THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY | 3 | | FOR HEALTH CARE. (You must sign this form and a witness must | 4 | | also sign it before it is valid) | 5 | | My name (Print your full name): .......... | 6 | | My address: .................................................. | 7 | | I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT | 8 | | (an agent is your personal representative under state and | 9 | | federal law): | 10 | | (Agent name) ................. | 11 | | (Agent address) ............. | 12 | | (Agent phone number) ......................................... | 13 | | (Please check box if applicable) .... If a guardian of my | 14 | | person is to be appointed, I nominate the agent acting under | 15 | | this power of attorney as guardian. | 16 | | SUCCESSOR HEALTH CARE AGENT(S) (optional): | 17 | | If the agent I selected is unable or does not want to make | 18 | | health care decisions for me, then I request the person(s) I | 19 | | name below to be my successor health care agent(s). Only one | 20 | | person at a time can serve as my agent (add another page if you | 21 | | want to add more successor agent names): |
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| 1 | | ..................... | 2 | | (Successor agent #1 name, address and phone number) | 3 | | .......... | 4 | | (Successor agent #2 name, address and phone number) | 5 | | MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING: | 6 | | (i) Deciding to accept, withdraw or decline treatment | 7 | | for any physical or mental condition of mine, including | 8 | | life-and-death decisions. | 9 | | (ii) Agreeing to admit me to or discharge me from any | 10 | | hospital, home, or other institution, including a mental | 11 | | health facility. | 12 | | (iii) Having complete access to my medical and mental | 13 | | health records, and sharing them with others as needed, | 14 | | including after I die. | 15 | | (iv) Carrying out the plans I have already made, or, if | 16 | | I have not done so, making decisions about my body or | 17 | | remains, including organ, tissue or whole body donation, | 18 | | autopsy, cremation, and burial. | 19 | | The above grant of power is intended to be as broad as | 20 | | possible so that my agent will have the authority to make any | 21 | | decision I could make to obtain or terminate any type of health | 22 | | care, including withdrawal of nutrition and hydration and other | 23 | | life-sustaining measures. | 24 | | I AUTHORIZE MY AGENT TO (please check any one box): |
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| 1 | | .... Make decisions for me only when I cannot make them for | 2 | | myself. The physician(s) taking care of me will determine | 3 | | when I lack this ability. | 4 | | (If no box is checked, then the box above shall be | 5 | | implemented.)
OR | 6 | | .... Make decisions for me only when I cannot make them for | 7 | | myself. The physician(s) taking care of me will determine | 8 | | when I lack this ability. Starting now, for the purpose of | 9 | | assisting me with my health care plans and decisions, my | 10 | | agent shall have complete access to my medical and mental | 11 | | health records, the authority to share them with others as | 12 | | needed, and the complete ability to communicate with my | 13 | | personal physician(s) and other health care providers, | 14 | | including the ability to require an opinion of my physician | 15 | | as to whether I lack the ability to make decisions for | 16 | | myself. OR | 17 | | .... Make decisions for me starting now and continuing | 18 | | after I am no longer able to make them for myself. While I | 19 | | am still able to make my own decisions, I can still do so | 20 | | if I want to. | 21 | | The subject of life-sustaining treatment is of particular | 22 | | importance. Life-sustaining treatments may include tube | 23 | | feedings or fluids through a tube, breathing machines, and CPR. | 24 | | In general, in making decisions concerning life-sustaining | 25 | | treatment, your agent is instructed to consider the relief of |
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| 1 | | suffering, the quality as well as the possible extension of | 2 | | your life, and your previously expressed wishes. Your agent | 3 | | will weigh the burdens versus benefits of proposed treatments | 4 | | in making decisions on your behalf. | 5 | | Additional statements concerning the withholding or | 6 | | removal of life-sustaining treatment are described below. | 7 | | These can serve as a guide for your agent when making decisions | 8 | | for you. Ask your physician or health care provider if you have | 9 | | any questions about these statements. | 10 | | SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR WISHES | 11 | | (optional): | 12 | | .... The quality of my life is more important than the | 13 | | length of my life. If I am unconscious and my attending | 14 | | physician believes, in accordance with reasonable medical | 15 | | standards, that I will not wake up or recover my ability to | 16 | | think, communicate with my family and friends, and | 17 | | experience my surroundings, I do not want treatments to | 18 | | prolong my life or delay my death, but I do want treatment | 19 | | or care to make me comfortable and to relieve me of pain. | 20 | | .... Staying alive is more important to me, no matter how | 21 | | sick I am, how much I am suffering, the cost of the | 22 | | procedures, or how unlikely my chances for recovery are. I | 23 | | want my life to be prolonged to the greatest extent | 24 | | possible in accordance with reasonable medical standards. |
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| 1 | | SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY: | 2 | | The above grant of power is intended to be as broad as | 3 | | possible so that your agent will have the authority to make any | 4 | | decision you could make to obtain or terminate any type of | 5 | | health care. If you wish to limit the scope of your agent's | 6 | | powers or prescribe special rules or limit the power to | 7 | | authorize autopsy or dispose of remains, you may do so | 8 | | specifically in this form. | 9 | | .................................. | 10 | | .............................. | 11 | | My signature: .................. | 12 | | Today's date: ................................................ | 13 | | DELAYED REVOCATION | 14 | | .... I elect to delay revocation of this power of attorney | 15 | | for 30 days after I communicate my intent to revoke it. | 16 | | .... I elect for the revocation of this power of attorney | 17 | | to take effect immediately if I communicate my intent to revoke | 18 | | it. | 19 | | HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN | 20 | | COMPLETE THE SIGNATURE PORTION: | 21 | | I am at least 18 years old. (check one of the options | 22 | | below): | 23 | | .... I saw the principal sign this document, or |
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| 1 | | .... the principal told me that the signature or mark on | 2 | | the principal signature line is his or hers. | 3 | | I am not the agent or successor agent(s) named in this | 4 | | document. I am not related to the principal, the agent, or the | 5 | | successor agent(s) by blood, marriage, or adoption. I am not | 6 | | the principal's physician, advanced practice registered nurse, | 7 | | dentist, podiatric physician, optometrist, psychologist, or a | 8 | | relative of one of those individuals. I am not an owner or | 9 | | operator (or the relative of an owner or operator) of the | 10 | | health care facility where the principal is a patient or | 11 | | resident. | 12 | | Witness printed name: ............ | 13 | | Witness address: .............. | 14 | | Witness signature: ............... | 15 | | Today's date: ................................................
| 16 | | (c) The statutory short form power of attorney for health | 17 | | care (the
"statutory health care power") authorizes the agent | 18 | | to make any and all
health care decisions on behalf of the | 19 | | principal which the principal could
make if present and under | 20 | | no disability, subject to any limitations on the
granted powers | 21 | | that appear on the face of the form, to be exercised in such
| 22 | | manner as the agent deems consistent with the intent and | 23 | | desires of the
principal. The agent will be under no duty to | 24 | | exercise granted powers or
to assume control of or | 25 | | responsibility for the principal's health care;
but when |
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| 1 | | granted powers are exercised, the agent will be required to use
| 2 | | due care to act for the benefit of the principal in accordance | 3 | | with the
terms of the statutory health care power and will be | 4 | | liable
for negligent exercise. The agent may act in person or | 5 | | through others
reasonably employed by the agent for that | 6 | | purpose
but may not delegate authority to make health care | 7 | | decisions. The agent
may sign and deliver all instruments, | 8 | | negotiate and enter into all
agreements and do all other acts | 9 | | reasonably necessary to implement the
exercise of the powers | 10 | | granted to the agent. Without limiting the
generality of the | 11 | | foregoing, the statutory health care power shall include
the | 12 | | following powers, subject to any limitations appearing on the | 13 | | face of the form:
| 14 | | (1) The agent is authorized to give consent to and | 15 | | authorize or refuse,
or to withhold or withdraw consent to, | 16 | | any and all types of medical care,
treatment or procedures | 17 | | relating to the physical or mental health of the
principal, | 18 | | including any medication program, surgical procedures,
| 19 | | life-sustaining treatment or provision of food and fluids | 20 | | for the principal.
| 21 | | (2) The agent is authorized to admit the principal to | 22 | | or discharge the
principal from any and all types of | 23 | | hospitals, institutions, homes,
residential or nursing | 24 | | facilities, treatment centers and other health care
| 25 | | institutions providing personal care or treatment for any | 26 | | type of physical
or mental condition. The agent shall have |
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| 1 | | the same right to visit the
principal in the hospital or | 2 | | other institution as is granted to a spouse or
adult child | 3 | | of the principal, any rule of the institution to the | 4 | | contrary
notwithstanding.
| 5 | | (3) The agent is authorized to contract for any and all | 6 | | types of health
care services and facilities in the name of | 7 | | and on behalf of the principal
and to bind the principal to | 8 | | pay for all such services and facilities,
and to have and | 9 | | exercise those powers over the principal's property as are
| 10 | | authorized under the statutory property power, to the | 11 | | extent the agent
deems necessary to pay health care costs; | 12 | | and
the agent shall not be personally liable for any | 13 | | services or care contracted
for on behalf of the principal.
| 14 | | (4) At the principal's expense and subject to | 15 | | reasonable rules of the
health care provider to prevent | 16 | | disruption of the principal's health care,
the agent shall | 17 | | have the same right the principal has to examine and copy
| 18 | | and consent to disclosure of all the principal's medical | 19 | | records that the agent deems
relevant to the exercise of | 20 | | the agent's powers, whether the records
relate to mental | 21 | | health or any other medical condition and whether they are | 22 | | in
the possession of or maintained by any physician, | 23 | | psychiatrist,
psychologist, therapist, hospital, nursing | 24 | | home or other health care
provider. The authority under | 25 | | this paragraph (4) applies to any information governed by | 26 | | the Health Insurance Portability and Accountability Act of |
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| 1 | | 1996 ("HIPAA") and regulations thereunder. The agent | 2 | | serves as the principal's personal representative, as that | 3 | | term is defined under HIPAA and regulations thereunder.
| 4 | | (5) The agent is authorized: to direct that an autopsy | 5 | | be made pursuant
to Section 2 of the Autopsy Act;
to make a | 6 | | disposition of any
part or all of the principal's body | 7 | | pursuant to the Illinois Anatomical Gift
Act, as now or | 8 | | hereafter amended; and to direct the disposition of the
| 9 | | principal's remains. | 10 | | (6) At any time during which there is no executor or | 11 | | administrator appointed for the principal's estate, the | 12 | | agent is authorized to continue to pursue an application or | 13 | | appeal for government benefits if those benefits were | 14 | | applied for during the life of the principal.
| 15 | | (d) A physician may determine that the principal is unable | 16 | | to make health care decisions for himself or herself only if | 17 | | the principal lacks decisional capacity, as that term is | 18 | | defined in Section 10 of the Health Care Surrogate Act. | 19 | | (e) If the principal names the agent as a guardian on the | 20 | | statutory short form, and if a court decides that the | 21 | | appointment of a guardian will serve the principal's best | 22 | | interests and welfare, the court shall appoint the agent to | 23 | | serve without bond or security. | 24 | | (Source: P.A. 100-513, eff. 1-1-18; 101-81, eff. 7-12-19; | 25 | | 101-163, eff. 1-1-20 .)
| 26 | | Section 99. Effective date. This Act takes effect upon |
| | | HB4626 | - 21 - | LRB101 17492 LNS 66902 b |
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| 1 | | becoming law.
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