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90_HB2461
755 ILCS 45/4-10 from Ch. 110 1/2, par. 804-10
Amends the Powers of Attorney for Health Care Law within
the Power of Attorney Act. On the statutory short form power
of attorney for health care, replaces language authorizing
agent to make a disposition of all or any part of the
principal's body for medical purposes with a specific
authorization to make an anatomical gift of any organ, the
principal's entire body, or specified organs.
LRB9007739DJcdA
LRB9007739DJcdA
1 AN ACT to amend the Illinois Power of Attorney Act by
2 changing Section 4-10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Power of Attorney Act is
6 amended by changing Section 4-10 as follows:
7 (755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
8 Sec. 4-10. Statutory short form power of attorney for
9 health care. (a) The following form (sometimes also referred
10 to in this Act as the "statutory health care power") may be
11 used to grant an agent powers with respect to the principal's
12 own health care; but the statutory health care power is not
13 intended to be exclusive nor to cover delegation of a
14 parent's power to control the health care of a minor child,
15 and no provision of this Article shall be construed to
16 invalidate or bar use by the principal of any other or
17 different form of power of attorney for health care.
18 Nonstatutory health care powers must be executed by the
19 principal, designate the agent and the agent's powers, and
20 comply with Section 4-5 of this Article, but they need not be
21 witnessed or conform in any other respect to the statutory
22 health care power. When a power of attorney in substantially
23 the following form is used, including the "notice" paragraph
24 at the beginning in capital letters, it shall have the
25 meaning and effect prescribed in this Act. The statutory
26 health care power may be included in or combined with any
27 other form of power of attorney governing property or other
28 matters.
29 "ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR
30 HEALTH CARE
31 (NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO
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1 GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO
2 MAKE HEALTH CARE DECISIONS FOR YOU, INCLUDING POWER TO
3 REQUIRE, CONSENT TO OR WITHDRAW ANY TYPE OF PERSONAL CARE OR
4 MEDICAL TREATMENT FOR ANY PHYSICAL OR MENTAL CONDITION AND TO
5 ADMIT YOU TO OR DISCHARGE YOU FROM ANY HOSPITAL, HOME OR
6 OTHER INSTITUTION. THIS FORM DOES NOT IMPOSE A DUTY ON YOUR
7 AGENT TO EXERCISE GRANTED POWERS; BUT WHEN POWERS ARE
8 EXERCISED, YOUR AGENT WILL HAVE TO USE DUE CARE TO ACT FOR
9 YOUR BENEFIT AND IN ACCORDANCE WITH THIS FORM AND KEEP A
10 RECORD OF RECEIPTS, DISBURSEMENTS AND SIGNIFICANT ACTIONS
11 TAKEN AS AGENT. A COURT CAN TAKE AWAY THE POWERS OF YOUR
12 AGENT IF IT FINDS THE AGENT IS NOT ACTING PROPERLY. YOU MAY
13 NAME SUCCESSOR AGENTS UNDER THIS FORM BUT NOT CO-AGENTS, AND
14 NO HEALTH CARE PROVIDER MAY BE NAMED. UNLESS YOU EXPRESSLY
15 LIMIT THE DURATION OF THIS POWER IN THE MANNER PROVIDED
16 BELOW, UNTIL YOU REVOKE THIS POWER OR A COURT ACTING ON YOUR
17 BEHALF TERMINATES IT, YOUR AGENT MAY EXERCISE THE POWERS
18 GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME
19 DISABLED. THE POWERS YOU GIVE YOUR AGENT, YOUR RIGHT TO
20 REVOKE THOSE POWERS AND THE PENALTIES FOR VIOLATING THE LAW
21 ARE EXPLAINED MORE FULLY IN SECTIONS 4-5, 4-6, 4-9 AND
22 4-10(b) OF THE ILLINOIS "POWERS OF ATTORNEY FOR HEALTH CARE
23 LAW" OF WHICH THIS FORM IS A PART (SEE THE BACK OF THIS
24 FORM). THAT LAW EXPRESSLY PERMITS THE USE OF ANY DIFFERENT
25 FORM OF POWER OF ATTORNEY YOU MAY DESIRE. IF THERE IS
26 ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU
27 SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.)
28 POWER OF ATTORNEY made this .......................day of
29 ................................
30 (month) (year)
31 1. I, ..................................................,
32 (insert name and address of principal)
33 hereby appoint:
34 ............................................................
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1 (insert name and address of agent)
2 as my attorney-in-fact (my "agent") to act for me and in my
3 name (in any way I could act in person) to make any and all
4 decisions for me concerning my personal care, medical
5 treatment, hospitalization and health care and to require,
6 withhold or withdraw any type of medical treatment or
7 procedure, even though my death may ensue. My agent shall
8 have the same access to my medical records that I have,
9 including the right to disclose the contents to others. My
10 agent shall also have full power to make a disposition of any
11 part or all of my body for medical purposes, authorize an
12 autopsy and direct the disposition of my remains. Effective
13 upon my death, my agent has the full power to make an
14 anatomical gift of the following (initial one):
15 ....Any organ.
16 ....Entire body.
17 ....Specific organs:................................
18 (THE ABOVE GRANT OF POWER IS INTENDED TO BE AS BROAD AS
19 POSSIBLE SO THAT YOUR AGENT WILL HAVE AUTHORITY TO MAKE ANY
20 DECISION YOU COULD MAKE TO OBTAIN OR TERMINATE ANY TYPE OF
21 HEALTH CARE, INCLUDING WITHDRAWAL OF FOOD AND WATER AND OTHER
22 LIFE-SUSTAINING MEASURES, IF YOUR AGENT BELIEVES SUCH ACTION
23 WOULD BE CONSISTENT WITH YOUR INTENT AND DESIRES. IF YOU
24 WISH TO LIMIT THE SCOPE OF YOUR AGENT'S POWERS OR PRESCRIBE
25 SPECIAL RULES OR LIMIT THE POWER TO MAKE AN ANATOMICAL GIFT,
26 AUTHORIZE AUTOPSY OR DISPOSE OF REMAINS, YOU MAY DO SO IN THE
27 FOLLOWING PARAGRAPHS.)
28 2. The powers granted above shall not include the
29 following powers or shall be subject to the following rules
30 or limitations (here you may include any specific limitations
31 you deem appropriate, such as: your own definition of when
32 life-sustaining measures should be withheld; a direction to
33 continue food and fluids or life-sustaining treatment in all
34 events; or instructions to refuse any specific types of
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1 treatment that are inconsistent with your religious beliefs
2 or unacceptable to you for any other reason, such as blood
3 transfusion, electro-convulsive therapy, amputation,
4 psychosurgery, voluntary admission to a mental institution,
5 etc.): ......................................................
6 .............................................................
7 .............................................................
8 .............................................................
9 .............................................................
10 (THE SUBJECT OF LIFE-SUSTAINING TREATMENT IS OF PARTICULAR
11 IMPORTANCE. FOR YOUR CONVENIENCE IN DEALING WITH THAT
12 SUBJECT, SOME GENERAL STATEMENTS CONCERNING THE WITHHOLDING
13 OR REMOVAL OF LIFE-SUSTAINING TREATMENT ARE SET FORTH BELOW.
14 IF YOU AGREE WITH ONE OF THESE STATEMENTS, YOU MAY INITIAL
15 THAT STATEMENT; BUT DO NOT INITIAL MORE THAN ONE):
16 I do not want my life to be prolonged nor do I want
17 life-sustaining treatment to be provided or continued if my
18 agent believes the burdens of the treatment outweigh the
19 expected benefits. I want my agent to consider the relief of
20 suffering, the expense involved and the quality as well as
21 the possible extension of my life in making decisions
22 concerning life-sustaining treatment.
23 Initialed...........................
24 I want my life to be prolonged and I want life-sustaining
25 treatment to be provided or continued unless I am in a coma
26 which my attending physician believes to be irreversible, in
27 accordance with reasonable medical standards at the time of
28 reference. If and when I have suffered irreversible coma, I
29 want life-sustaining treatment to be withheld or
30 discontinued.
31 Initialed...........................
32 I want my life to be prolonged to the greatest extent
33 possible without regard to my condition, the chances I have
34 for recovery or the cost of the procedures.
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1 Initialed...........................
2 (THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU IN
3 THE MANNER PROVIDED IN SECTION 4-6 OF THE ILLINOIS "POWERS OF
4 ATTORNEY FOR HEALTH CARE LAW" (SEE THE BACK OF THIS FORM).
5 ABSENT AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS
6 POWER OF ATTORNEY WILL BECOME EFFECTIVE AT THE TIME THIS
7 POWER IS SIGNED AND WILL CONTINUE UNTIL YOUR DEATH, AND
8 BEYOND IF ANATOMICAL GIFT, AUTOPSY OR DISPOSITION OF REMAINS
9 IS AUTHORIZED, UNLESS A LIMITATION ON THE BEGINNING DATE OR
10 DURATION IS MADE BY INITIALING AND COMPLETING EITHER OR BOTH
11 OF THE FOLLOWING:)
12 3. ( ) This power of attorney shall become effective on
13 .............................................................
14 .............................................................
15 (insert a future date or event during your lifetime, such as
16 court determination of your disability, when you want this
17 power to first take effect)
18 4. ( ) This power of attorney shall terminate on ......
19 .............................................................
20 (insert a future date or event, such as court determination
21 of your disability, when you want this power to terminate
22 prior to your death)
23 (IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAMES AND
24 ADDRESSES OF SUCH SUCCESSORS IN THE FOLLOWING PARAGRAPH.)
25 5. If any agent named by me shall die, become
26 incompetent, resign, refuse to accept the office of agent or
27 be unavailable, I name the following (each to act alone and
28 successively, in the order named) as successors to such
29 agent:
30 .............................................................
31 .............................................................
32 For purposes of this paragraph 5, a person shall be
33 considered to be incompetent if and while the person is a
34 minor or an adjudicated incompetent or disabled person or the
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1 person is unable to give prompt and intelligent consideration
2 to health care matters, as certified by a licensed physician.
3 (IF YOU WISH TO NAME YOUR AGENT AS GUARDIAN OF YOUR PERSON,
4 IN THE EVENT A COURT DECIDES THAT ONE SHOULD BE APPOINTED,
5 YOU MAY, BUT ARE NOT REQUIRED TO, DO SO BY RETAINING THE
6 FOLLOWING PARAGRAPH. THE COURT WILL APPOINT YOUR AGENT IF
7 THE COURT FINDS THAT SUCH APPOINTMENT WILL SERVE YOUR BEST
8 INTERESTS AND WELFARE. STRIKE OUT PARAGRAPH 6 IF YOU DO NOT
9 WANT YOUR AGENT TO ACT AS GUARDIAN.)
10 6. If a guardian of my person is to be appointed, I
11 nominate the agent acting under this power of attorney as
12 such guardian, to serve without bond or security.
13 7. I am fully informed as to all the contents of this
14 form and understand the full import of this grant of powers
15 to my agent.
16 Signed..............................
17 (principal)
18 The principal has had an opportunity to read the above
19 form and has signed the form or acknowledged his or her
20 signature or mark on the form in my presence.
21 .......................... Residing at.......................
22 (witness)
23 (YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND
24 SUCCESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW. IF
25 YOU INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY,
26 YOU MUST COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES
27 OF THE AGENTS.)
28 Specimen signatures of I certify that the signatures of my
29 agent (and successors). agent (and successors) are correct.
30 .......................... .................................
31 (agent) (principal)
32 .......................... .................................
33 (successor agent) (principal)
34 .......................... .................................
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1 (successor agent) (principal)"
2 (b) The statutory short form power of attorney for
3 health care (the "statutory health care power") authorizes
4 the agent to make any and all health care decisions on behalf
5 of the principal which the principal could make if present
6 and under no disability, subject to any limitations on the
7 granted powers that appear on the face of the form, to be
8 exercised in such manner as the agent deems consistent with
9 the intent and desires of the principal. The agent will be
10 under no duty to exercise granted powers or to assume control
11 of or responsibility for the principal's health care; but
12 when granted powers are exercised, the agent will be required
13 to use due care to act for the benefit of the principal in
14 accordance with the terms of the statutory health care power
15 and will be liable for negligent exercise. The agent may
16 act in person or through others reasonably employed by the
17 agent for that purpose but may not delegate authority to make
18 health care decisions. The agent may sign and deliver all
19 instruments, negotiate and enter into all agreements and do
20 all other acts reasonably necessary to implement the exercise
21 of the powers granted to the agent. Without limiting the
22 generality of the foregoing, the statutory health care power
23 shall include the following powers, subject to any
24 limitations appearing on the face of the form:
25 (1) The agent is authorized to give consent to and
26 authorize or refuse, or to withhold or withdraw consent to,
27 any and all types of medical care, treatment or procedures
28 relating to the physical or mental health of the principal,
29 including any medication program, surgical procedures,
30 life-sustaining treatment or provision of food and fluids for
31 the principal.
32 (2) The agent is authorized to admit the principal to or
33 discharge the principal from any and all types of hospitals,
34 institutions, homes, residential or nursing facilities,
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1 treatment centers and other health care institutions
2 providing personal care or treatment for any type of physical
3 or mental condition. The agent shall have the same right to
4 visit the principal in the hospital or other institution as
5 is granted to a spouse or adult child of the principal, any
6 rule of the institution to the contrary notwithstanding.
7 (3) The agent is authorized to contract for any and all
8 types of health care services and facilities in the name of
9 and on behalf of the principal and to bind the principal to
10 pay for all such services and facilities, and to have and
11 exercise those powers over the principal's property as are
12 authorized under the statutory property power, to the extent
13 the agent deems necessary to pay health care costs; and the
14 agent shall not be personally liable for any services or care
15 contracted for on behalf of the principal.
16 (4) At the principal's expense and subject to reasonable
17 rules of the health care provider to prevent disruption of
18 the principal's health care, the agent shall have the same
19 right the principal has to examine and copy and consent to
20 disclosure of all the principal's medical records that the
21 agent deems relevant to the exercise of the agent's powers,
22 whether the records relate to mental health or any other
23 medical condition and whether they are in the possession of
24 or maintained by any physician, psychiatrist, psychologist,
25 therapist, hospital, nursing home or other health care
26 provider.
27 (5) The agent is authorized: to direct that an autopsy
28 be made pursuant to Section 2 of "An Act in relation to
29 autopsy of dead bodies", approved August 13, 1965, including
30 all amendments; if authorized on the face of the form, to
31 make a disposition of any part or all of the principal's body
32 pursuant to the Uniform Anatomical Gift Act, as now or
33 hereafter amended; and to direct the disposition of the
34 principal's remains.
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1 (Source: P.A. 86-736.)