Full Text of HB0679 102nd General Assembly
HB0679enr 102ND GENERAL ASSEMBLY |
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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 | 5 | | by 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 | 8 | | agencies.
| 9 | | (a) Unless the principal elects a delayed revocation | 10 | | period pursuant to subsection (a-5), every Every health care | 11 | | agency may be revoked by the principal at any
time, without | 12 | | regard to the principal's mental or physical condition, by
any | 13 | | of the following methods:
| 14 | | 1. By being obliterated, burnt, torn or otherwise | 15 | | destroyed or defaced
in a manner indicating intention to | 16 | | revoke;
| 17 | | 2. By a written revocation of the agency signed and | 18 | | dated by the
principal or person acting at the direction | 19 | | of the principal, regardless of whether the written | 20 | | revocation is in an electronic or hard copy format;
| 21 | | 3. By an oral or any other expression of the intent to | 22 | | revoke the agency
in the presence of a witness 18 years of | 23 | | age or older who signs and dates a
writing confirming that |
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| 1 | | such expression of intent was made; or
| 2 | | 4. For an electronic health care agency, by deleting | 3 | | in a manner indicating the intention to revoke. An | 4 | | electronic health care agency may be revoked | 5 | | electronically using a generic, technology-neutral system | 6 | | in which each user is assigned a unique identifier that is | 7 | | securely maintained and in a manner that meets the | 8 | | regulatory requirements for a digital or electronic | 9 | | signature. Compliance with the standards defined in the | 10 | | Electronic Commerce Security Act or the implementing rules | 11 | | of the Hospital Licensing Act for medical record entry | 12 | | authentication for author validation of the documentation, | 13 | | content accuracy, and completeness meets this standard. | 14 | | (a-5) A principal may elect a 30-day delay of the | 15 | | revocation of the principal's health care agency. If a | 16 | | principal makes this election, the principal's revocation | 17 | | shall be delayed for 30 days after the principal communicates | 18 | | his or her intent to revoke. | 19 | | (b) Every health care agency may be amended at any time by | 20 | | a written
amendment signed and dated by the principal or | 21 | | person acting at the
direction of the principal.
| 22 | | (c) Any person, other than the agent, to whom a revocation | 23 | | or amendment is
communicated or delivered shall make all | 24 | | reasonable efforts to inform the
agent of that fact as | 25 | | promptly as possible.
| 26 | | (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, | 16 | | but they need not be witnessed or
conform in any other respect | 17 | | to 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 |
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| 1 | | codes. Electronic documents under this Act may be created, | 2 | | signed, or revoked electronically using a generic, | 3 | | technology-neutral system in which each user is assigned a | 4 | | unique identifier that is securely maintained and in a manner | 5 | | that meets the regulatory requirements for a digital or | 6 | | electronic signature. Compliance with the standards defined in | 7 | | the Electronic Commerce Security Act or the implementing rules | 8 | | of the Hospital Licensing Act for medical record entry | 9 | | authentication for author validation of the documentation, | 10 | | content accuracy, and completeness meets this standard. | 11 | | (b) The Illinois Statutory Short Form Power of Attorney | 12 | | for Health Care shall be substantially as follows: | 13 | | NOTICE TO THE INDIVIDUAL SIGNING | 14 | | THE POWER OF ATTORNEY FOR HEALTH CARE | 15 | | No one can predict when a serious illness or accident | 16 | | might occur. When it does, you may need someone else to speak | 17 | | or make health care decisions for you. If you plan now, you can | 18 | | increase the chances that the medical treatment you get will | 19 | | be the treatment you want. | 20 | | In Illinois, you can choose someone to be your "health | 21 | | care agent". Your agent is the person you trust to make health | 22 | | care decisions for you if you are unable or do not want to make | 23 | | them yourself. These decisions should be based on your | 24 | | personal values and wishes. | 25 | | It is important to put your choice of agent in writing. The |
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| 1 | | written form is often called an "advance directive". You may | 2 | | use this form or another form, as long as it meets the legal | 3 | | requirements of Illinois. There are many written and on-line | 4 | | resources to guide you and your loved ones in having a | 5 | | conversation about these issues. You may find it helpful to | 6 | | look at these resources while thinking about and discussing | 7 | | your advance directive. | 8 | | WHAT ARE THE THINGS I WANT MY | 9 | | HEALTH CARE AGENT TO KNOW? | 10 | | The selection of your agent should be considered | 11 | | carefully, as your agent will have the ultimate | 12 | | decision-making authority once this document goes into effect, | 13 | | in most instances after you are no longer able to make your own | 14 | | decisions. While the goal is for your agent to make decisions | 15 | | in keeping with your preferences and in the majority of | 16 | | circumstances that is what happens, please know that the law | 17 | | does allow your agent to make decisions to direct or refuse | 18 | | health care interventions or withdraw treatment. Your agent | 19 | | will need to think about conversations you have had, your | 20 | | personality, and how you handled important health care issues | 21 | | in the past. Therefore, it is important to talk with your agent | 22 | | and your family about such things as: | 23 | | (i) What is most important to you in your life? | 24 | | (ii) How important is it to you to avoid pain and | 25 | | suffering? |
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| 1 | | (iii) If you had to choose, is it more important to you | 2 | | to live as long as possible, or to avoid prolonged | 3 | | suffering or disability? | 4 | | (iv) Would you rather be at home or in a hospital for | 5 | | the last days or weeks of your life? | 6 | | (v) Do you have religious, spiritual, or cultural | 7 | | beliefs that you want your agent and others to consider? | 8 | | (vi) Do you wish to make a significant contribution to | 9 | | medical science after your death through organ or whole | 10 | | body donation? | 11 | | (vii) Do you have an existing advance directive, such | 12 | | as a living will, that contains your specific wishes about | 13 | | health care that is only delaying your death? If you have | 14 | | another advance directive, make sure to discuss with your | 15 | | agent the directive and the treatment decisions contained | 16 | | within that outline your preferences. Make sure that your | 17 | | agent agrees to honor the wishes expressed in your advance | 18 | | directive. | 19 | | WHAT KIND OF DECISIONS CAN MY AGENT MAKE? | 20 | | If there is ever a period of time when your physician | 21 | | determines that you cannot make your own health care | 22 | | decisions, or if you do not want to make your own decisions, | 23 | | some of the decisions your agent could make are to: | 24 | | (i) talk with physicians and other health care | 25 | | providers about your condition. |
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| 1 | | (ii) see medical records and approve who else can see | 2 | | them. | 3 | | (iii) give permission for medical tests, medicines, | 4 | | surgery, or other treatments. | 5 | | (iv) choose where you receive care and which | 6 | | physicians and others provide it. | 7 | | (v) decide to accept, withdraw, or decline treatments | 8 | | designed to keep you alive if you are near death or not | 9 | | likely to recover. You may choose to include guidelines | 10 | | and/or restrictions to your agent's authority. | 11 | | (vi) agree or decline to donate your organs or your | 12 | | whole body if you have not already made this decision | 13 | | yourself. This could include donation for transplant, | 14 | | research, and/or education. You should let your agent know | 15 | | whether you are registered as a donor in the First Person | 16 | | Consent registry maintained by the Illinois Secretary of | 17 | | State or whether you have agreed to donate your whole body | 18 | | for medical research and/or education. | 19 | | (vii) decide what to do with your remains after you | 20 | | have died, if you have not already made plans. | 21 | | (viii) talk with your other loved ones to help come to | 22 | | a decision (but your designated agent will have the final | 23 | | say over your other loved ones). | 24 | | Your agent is not automatically responsible for your | 25 | | health care expenses. |
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| 1 | | WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT? | 2 | | You can pick a family member, but you do not have to. Your | 3 | | agent will have the responsibility to make medical treatment | 4 | | decisions, even if other people close to you might urge a | 5 | | different decision. The selection of your agent should be done | 6 | | carefully, as he or she will have ultimate decision-making | 7 | | authority for your treatment decisions once you are no longer | 8 | | able to voice your preferences. Choose a family member, | 9 | | friend, or other person who: | 10 | | (i) is at least 18 years old; | 11 | | (ii) knows you well; | 12 | | (iii) you trust to do what is best for you and is | 13 | | willing to carry out your wishes, even if he or she may not | 14 | | agree with your wishes; | 15 | | (iv) would be comfortable talking with and questioning | 16 | | your physicians and other health care providers; | 17 | | (v) would not be too upset to carry out your wishes if | 18 | | you became very sick; and | 19 | | (vi) can be there for you when you need it and is | 20 | | willing to accept this important role. | 21 | | WHAT IF MY AGENT IS NOT AVAILABLE OR IS | 22 | | UNWILLING TO MAKE DECISIONS FOR ME? | 23 | | If the person who is your first choice is unable to carry | 24 | | out this role, then the second agent you chose will make the | 25 | | decisions; if your second agent is not available, then the |
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| 1 | | third agent you chose will make the decisions. The second and | 2 | | third agents are called your successor agents and they | 3 | | function as back-up agents to your first choice agent and may | 4 | | act only one at a time and in the order you list them. | 5 | | WHAT WILL HAPPEN IF I DO NOT | 6 | | CHOOSE A HEALTH CARE AGENT? | 7 | | If you become unable to make your own health care | 8 | | decisions and have not named an agent in writing, your | 9 | | physician and other health care providers will ask a family | 10 | | member, friend, or guardian to make decisions for you. In | 11 | | Illinois, a law directs which of these individuals will be | 12 | | consulted. In that law, each of these individuals is called a | 13 | | "surrogate". | 14 | | There are reasons why you may want to name an agent rather | 15 | | than rely on a surrogate: | 16 | | (i) The person or people listed by this law may not be | 17 | | who you would want to make decisions for you. | 18 | | (ii) Some family members or friends might not be able | 19 | | or willing to make decisions as you would want them to. | 20 | | (iii) Family members and friends may disagree with one | 21 | | another about the best decisions. | 22 | | (iv) Under some circumstances, a surrogate may not be | 23 | | able to make the same kinds of decisions that an agent can | 24 | | make. |
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| 1 | | WHAT IF THERE IS NO ONE AVAILABLE | 2 | | WHOM I TRUST TO BE MY AGENT? | 3 | | In this situation, it is especially important to talk to | 4 | | your physician and other health care providers and create | 5 | | written guidance about what you want or do not want, in case | 6 | | you are ever critically ill and cannot express your own | 7 | | wishes. You can complete a living will. You can also write your | 8 | | wishes down and/or discuss them with your physician or other | 9 | | health care provider and ask him or her to write it down in | 10 | | your chart. You might also want to use written or on-line | 11 | | resources to guide you through this process. | 12 | | WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT? | 13 | | Follow these instructions after you have completed the | 14 | | form: | 15 | | (i) Sign the form in front of a witness. See the form | 16 | | for a list of who can and cannot witness it. | 17 | | (ii) Ask the witness to sign it, too. | 18 | | (iii) There is no need to have the form notarized. | 19 | | (iv) Give a copy to your agent and to each of your | 20 | | successor agents. | 21 | | (v) Give another copy to your physician. | 22 | | (vi) Take a copy with you when you go to the hospital. | 23 | | (vii) Show it to your family and friends and others | 24 | | who care for you. |
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| 1 | | WHAT IF I CHANGE MY MIND? | 2 | | You may change your mind at any time. If you do, tell | 3 | | someone who is at least 18 years old that you have changed your | 4 | | mind, and/or destroy your document and any copies. If you | 5 | | wish, fill out a new form and make sure everyone you gave the | 6 | | old form to has a copy of the new one, including, but not | 7 | | limited to, your agents and your physicians. If you are | 8 | | concerned you may revoke your power of attorney at a time when | 9 | | you may need it the most, you may initial the box at the end of | 10 | | the form to indicate that you would like a 30-day waiting | 11 | | period after you voice your intent to revoke your power of | 12 | | attorney. This means if your agent is making decisions for you | 13 | | during that time, your agent can continue to make decisions on | 14 | | your behalf. This election is purely optional, and you do not | 15 | | have to choose it. If you do not choose this option, you can | 16 | | change your mind and revoke the power of attorney at any time. | 17 | | WHAT IF I DO NOT WANT TO USE THIS FORM? | 18 | | In the event you do not want to use the Illinois statutory | 19 | | form provided here, any document you complete must be executed | 20 | | by you, designate an agent who is over 18 years of age and not | 21 | | prohibited from serving as your agent, and state the agent's | 22 | | powers, but it need not be witnessed or conform in any other | 23 | | respect to the statutory health care power. | 24 | | If you have questions about the use of any form, you may | 25 | | want to consult your physician, other health care provider, |
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| 1 | | and/or an attorney. | 2 | | MY POWER OF ATTORNEY FOR HEALTH CARE | 3 | | THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY | 4 | | FOR HEALTH CARE. (You must sign this form and a witness must | 5 | | also sign it before it is valid) | 6 | | My name (Print your full name): .......... | 7 | | My address: .................................................. | 8 | | I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT | 9 | | (an agent is your personal representative under state and | 10 | | federal law): | 11 | | (Agent name) ................. | 12 | | (Agent address) ............. | 13 | | (Agent phone number) ......................................... | 14 | | (Please check box if applicable) .... If a guardian of my | 15 | | person is to be appointed, I nominate the agent acting under | 16 | | this power of attorney as guardian. | 17 | | SUCCESSOR HEALTH CARE AGENT(S) (optional): | 18 | | If the agent I selected is unable or does not want to make | 19 | | health care decisions for me, then I request the person(s) I | 20 | | name below to be my successor health care agent(s). Only one |
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| 1 | | person at a time can serve as my agent (add another page if you | 2 | | want to add more successor agent names): | 3 | | ..................... | 4 | | (Successor agent #1 name, address and phone number) | 5 | | .......... | 6 | | (Successor agent #2 name, address and phone number) | 7 | | MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING: | 8 | | (i) Deciding to accept, withdraw or decline treatment | 9 | | for any physical or mental condition of mine, including | 10 | | life-and-death decisions. | 11 | | (ii) Agreeing to admit me to or discharge me from any | 12 | | hospital, home, or other institution, including a mental | 13 | | health facility. | 14 | | (iii) Having complete access to my medical and mental | 15 | | health records, and sharing them with others as needed, | 16 | | including after I die. | 17 | | (iv) Carrying out the plans I have already made, or, | 18 | | if I have not done so, making decisions about my body or | 19 | | remains, including organ, tissue or whole body donation, | 20 | | autopsy, cremation, and burial. | 21 | | The above grant of power is intended to be as broad as | 22 | | possible so that my agent will have the authority to make any | 23 | | decision I could make to obtain or terminate any type of health | 24 | | care, including withdrawal of nutrition and hydration and | 25 | | other life-sustaining measures. |
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| 1 | | I AUTHORIZE MY AGENT TO (please check any one box): | 2 | | .... Make decisions for me only when I cannot make them for | 3 | | myself. The physician(s) taking care of me will determine | 4 | | when I lack this ability. | 5 | | (If no box is checked, then the box above shall be | 6 | | implemented.)
OR | 7 | | .... Make decisions for me only when I cannot make them for | 8 | | myself. The physician(s) taking care of me will determine | 9 | | when I lack this ability. Starting now, for the purpose of | 10 | | assisting me with my health care plans and decisions, my | 11 | | agent shall have complete access to my medical and mental | 12 | | health records, the authority to share them with others as | 13 | | needed, and the complete ability to communicate with my | 14 | | personal physician(s) and other health care providers, | 15 | | including the ability to require an opinion of my | 16 | | physician as to whether I lack the ability to make | 17 | | decisions for myself. OR | 18 | | .... Make decisions for me starting now and continuing | 19 | | after I am no longer able to make them for myself. While I | 20 | | am still able to make my own decisions, I can still do so | 21 | | if I want to. | 22 | | The subject of life-sustaining treatment is of particular | 23 | | importance. Life-sustaining treatments may include tube | 24 | | feedings or fluids through a tube, breathing machines, and |
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| 1 | | CPR. In general, in making decisions concerning | 2 | | life-sustaining treatment, your agent is instructed to | 3 | | consider the relief of suffering, the quality as well as the | 4 | | possible extension of your life, and your previously expressed | 5 | | wishes. Your agent will weigh the burdens versus benefits of | 6 | | proposed treatments in making decisions on your behalf. | 7 | | Additional statements concerning the withholding or | 8 | | removal of life-sustaining treatment are described below. | 9 | | These can serve as a guide for your agent when making decisions | 10 | | for you. Ask your physician or health care provider if you have | 11 | | any questions about these statements. | 12 | | SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR | 13 | | WISHES (optional): | 14 | | .... The quality of my life is more important than the | 15 | | length of my life. If I am unconscious and my attending | 16 | | physician believes, in accordance with reasonable medical | 17 | | standards, that I will not wake up or recover my ability to | 18 | | think, communicate with my family and friends, and | 19 | | experience my surroundings, I do not want treatments to | 20 | | prolong my life or delay my death, but I do want treatment | 21 | | or care to make me comfortable and to relieve me of pain. | 22 | | .... Staying alive is more important to me, no matter how | 23 | | sick I am, how much I am suffering, the cost of the | 24 | | procedures, or how unlikely my chances for recovery are. I | 25 | | want my life to be prolonged to the greatest extent |
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| 1 | | possible in accordance with reasonable medical standards. | 2 | | SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY: | 3 | | The above grant of power is intended to be as broad as | 4 | | possible so that your agent will have the authority to make any | 5 | | decision you could make to obtain or terminate any type of | 6 | | health care. If you wish to limit the scope of your agent's | 7 | | powers or prescribe special rules or limit the power to | 8 | | authorize autopsy or dispose of remains, you may do so | 9 | | specifically in this form. | 10 | | .................................. | 11 | | .............................. | 12 | | My signature: .................. | 13 | | Today's date: ................................................ | 14 | | DELAYED REVOCATION | 15 | | .... I elect to delay revocation of this power of attorney | 16 | | for 30 days after I communicate my intent to revoke it. | 17 | | .... I elect for the revocation of this power of attorney | 18 | | to take effect immediately if I communicate my intent to | 19 | | revoke it. | 20 | | HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN | 21 | | COMPLETE THE SIGNATURE PORTION: | 22 | | I am at least 18 years old. (check one of the options |
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| 1 | | below): | 2 | | .... I saw the principal sign this document, or | 3 | | .... the principal told me that the signature or mark on | 4 | | the principal signature line is his or hers. | 5 | | I am not the agent or successor agent(s) named in this | 6 | | document. I am not related to the principal, the agent, or the | 7 | | successor agent(s) by blood, marriage, or adoption. I am not | 8 | | the principal's physician, advanced practice registered nurse, | 9 | | dentist, podiatric physician, optometrist, psychologist, or a | 10 | | relative of one of those individuals. I am not an owner or | 11 | | operator (or the relative of an owner or operator) of the | 12 | | health care facility where the principal is a patient or | 13 | | resident. | 14 | | Witness printed name: ............ | 15 | | Witness address: .............. | 16 | | Witness signature: ............... | 17 | | Today's date: ................................................
| 18 | | (c) The statutory short form power of attorney for health | 19 | | care (the
"statutory health care power") authorizes the agent | 20 | | to make any and all
health care decisions on behalf of the | 21 | | principal which the principal could
make if present and under | 22 | | no disability, subject to any limitations on the
granted | 23 | | powers that appear on the face of the form, to be exercised in | 24 | | such
manner as the agent deems consistent with the intent and | 25 | | desires of the
principal. The agent will be under no duty to |
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| 1 | | exercise granted powers or
to assume control of or | 2 | | responsibility for the principal's health care;
but when | 3 | | granted powers are exercised, the agent will be required to | 4 | | use
due care to act for the benefit of the principal in | 5 | | accordance with the
terms of the statutory health care power | 6 | | and will be liable
for negligent exercise. The agent may act in | 7 | | person or through others
reasonably employed by the agent for | 8 | | that purpose
but may not delegate authority to make health | 9 | | care decisions. The agent
may sign and deliver all | 10 | | instruments, negotiate and enter into all
agreements and do | 11 | | all other acts reasonably necessary to implement the
exercise | 12 | | of the powers granted to the agent. Without limiting the
| 13 | | generality of the foregoing, the statutory health care power | 14 | | shall include
the following powers, subject to any limitations | 15 | | appearing on the face of the form:
| 16 | | (1) The agent is authorized to give consent to and | 17 | | authorize or refuse,
or to withhold or withdraw consent | 18 | | to, any and all types of medical care,
treatment or | 19 | | procedures relating to the physical or mental health of | 20 | | the
principal, including any medication program, surgical | 21 | | procedures,
life-sustaining treatment or provision of food | 22 | | and fluids for the principal.
| 23 | | (2) The agent is authorized to admit the principal to | 24 | | or discharge the
principal from any and all types of | 25 | | hospitals, institutions, homes,
residential or nursing | 26 | | facilities, treatment centers and other health care
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| 1 | | institutions providing personal care or treatment for any | 2 | | type of physical
or mental condition. The agent shall have | 3 | | the same right to visit the
principal in the hospital or | 4 | | other institution as is granted to a spouse or
adult child | 5 | | of the principal, any rule of the institution to the | 6 | | contrary
notwithstanding.
| 7 | | (3) The agent is authorized to contract for any and | 8 | | all types of health
care services and facilities in the | 9 | | name of and on behalf of the principal
and to bind the | 10 | | principal to pay for all such services and facilities,
and | 11 | | to have and exercise those powers over the principal's | 12 | | property as are
authorized under the statutory property | 13 | | power, to the extent the agent
deems necessary to pay | 14 | | health care costs; and
the agent shall not be personally | 15 | | liable for any services or care contracted
for on behalf | 16 | | of the principal.
| 17 | | (4) At the principal's expense and subject to | 18 | | reasonable rules of the
health care provider to prevent | 19 | | disruption of the principal's health care,
the agent shall | 20 | | have the same right the principal has to examine and copy
| 21 | | and consent to disclosure of all the principal's medical | 22 | | records that the agent deems
relevant to the exercise of | 23 | | the agent's powers, whether the records
relate to mental | 24 | | health or any other medical condition and whether they are | 25 | | in
the possession of or maintained by any physician, | 26 | | psychiatrist,
psychologist, therapist, hospital, nursing |
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| 1 | | home or other health care
provider. The authority under | 2 | | this paragraph (4) applies to any information governed by | 3 | | the Health Insurance Portability and Accountability Act of | 4 | | 1996 ("HIPAA") and regulations thereunder. The agent | 5 | | serves as the principal's personal representative, as that | 6 | | term is defined under HIPAA and regulations thereunder.
| 7 | | (5) The agent is authorized: to direct that an autopsy | 8 | | be made pursuant
to Section 2 of the Autopsy Act;
to make a | 9 | | disposition of any
part or all of the principal's body | 10 | | pursuant to the Illinois Anatomical Gift
Act, as now or | 11 | | hereafter amended; and to direct the disposition of the
| 12 | | principal's remains. | 13 | | (6) At any time during which there is no executor or | 14 | | administrator appointed for the principal's estate, the | 15 | | agent is authorized to continue to pursue an application | 16 | | or appeal for government benefits if those benefits were | 17 | | applied for during the life of the principal.
| 18 | | (d) A physician may determine that the principal is unable | 19 | | to make health care decisions for himself or herself only if | 20 | | the principal lacks decisional capacity, as that term is | 21 | | defined in Section 10 of the Health Care Surrogate Act. | 22 | | (e) If the principal names the agent as a guardian on the | 23 | | statutory short form, and if a court decides that the | 24 | | appointment of a guardian will serve the principal's best | 25 | | interests and welfare, the court shall appoint the agent to | 26 | | serve without bond or security. |
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| 1 | | (Source: P.A. 100-513, eff. 1-1-18; 101-81, eff. 7-12-19; | 2 | | 101-163, eff. 1-1-20 .)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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