Now, while you are well, is the time to decide what kind of health care you will want if you are ever unable to make those
decisions. You can do this by signing a Power of Attorney for Health Care and/or a Living Will.
Power Of Attorney For Health Care
With a Power of Attorney for Health Care, you name a person whom you trust to make health care decisions for you. The law
calls this person your Agent. You are allowed to provide careful directions to your Agent regarding how to make health care
decisions for you when you are unable to do so for yourself. The law does not automatically grant members of your family or
your friends the right to make these decisions for you; you must name one of these individuals in writing as your Agent.
Be Prepared
No matter what your age or current health, you should be prepared for a personal tragedy that may strike at any time. You
could be severely injured in a car accident, for example, and kept alive by feeding tubes, respirators, or other means of
modern technology, even though you may never regain consciousness. One important way to be prepared is to name an Agent and
inform him or her of your wishes about health care. Your Agent will have the power to make final health care decisions for
you, including continuing or stopping your medical treatment in accordance with your wishes.
Choose The Short Form Or Write Your Own
In order to name an Agent properly, you may use a form called a "short Form Power of Attorney for Health Care." You may obtain
this form and further information about a Power of Attorney for Health Care from your lawyer. (A Power of Attorney for Property
is completely different and does not provide for your health care decisions.)
The law, however, does not require you to use this Short Form. Instead, you may write your own Power of Attorney for Health
Care provided it: (1) names the person who will serve as your Agent; (2) describes the power you grant your Agent; and (3)
is signed and dated while you are still able to make decisions for yourself.
You decide how much power you want to grant your Agent. You spell out your wishes. You may give your Agent the power to make
all health care decisions for you or you may set whatever limits you want. As examples, you may want to tell your Agent to
do everything possible to keep you alive or take into consideration any treatment that would limit your pain and suffering.
Choose Your Agent Carefully
If you name an Agent to make decisions for you, it is very important that you think carefully about whom you name as your
Agent. He or she may someday decide what medical treatments you receive and whether life support measures are started or stopped.
You may change your Agent or any section of your Power of Attorney for Health Care by identifying the change in writing and
then signing and dating it. You may also cancel your Power of Attorney for Health Care at any time in a number of ways, including
tearing it in half or drawing an X across it or any other way that shows your wish to cancel it.
Talk To Your Agent
In addition to describing in writing the power you want to grant your Agent, it is also important that you talk with your
Agent. He or she needs to understand your wishes, your beliefs, and your values in order to feel comfortable making decisions
on your behalf. You should also give a copy of the Power of Attorney for Health Care to your Agent.
A Living Will
In addition to naming an Agent under a Power of Attorney for Health Care, you may also want to sign a Living Will. A Living
Will, properly witnessed, is a written statement that gives you the right to stop or not begin medical treatment that delays
your death if you have a terminal condition. The law defines a "terminal condition" as an incurable or irreversible condition
where death is imminent, and the use of death delaying procedures serves only to prolong the dying process. You may want to
talk to your lawyer and your doctor about what this term means.
A Living Will is Different<
Even though a Power of Attorney for Health Care and a Living Will apply to some similar situations, a Living Will is very
different. A few of the many important differences are as follows:
1. Your Power of Attorney for Health Care names an Agent to make decisions for you. You do not name an Agent in a Living Will.
Instead you indicate your wishes about death delaying procedures that your doctor can rely upon in certain specific situations.
2. Your Power of Attorney for Health Care may permit your Agent to make all health care decisions that you could otherwise
make on your own. It does not matter whether you have a "terminal condition."
In comparison, your Living Will does not permit such a wide range of decisions. It applies only if you have a "terminal condition.
In addition, a Living Will applies only to decisions by your doctor to stop or not begin medical treatment that delays the
moment of your death.
3. A Power of Attorney for Health Care permits your Agent to stop water and tube feeding, if that is your wish. A Living Will
does not permit your doctor to stop water and tube feeding if their withdrawal would be the only cause of your death.
You should consider signing both a Living Will and Power of Attorney for Health Care. IF your Agent is available, the Living
Will will not be used. However, if your Agent is unavailable, your doctor could rely on your Living Will to honor your wishes
when your condition is terminal.
In addition, you may want to refuse medical treatment in another state that will not enforce your Power of Attorney for Health
Care but may enforce your Living Will. A Living Will, therefore, increases the chances that your wishes will be followed in
the event you have a medical emergency in a state other than Illinois.
It is also important that you talk with your doctor. If you name an Agent, your doctor may help you better explain your wishes
to your Agent. If you sign a Living Will, it is especially important for your doctor to understand your wishes. You should
give a copy of your Living Will or Power of Attorney for Health Care to your doctor.
Who Decides If You Do Nothing?
If you do not sign a Power of Attorney for Health Care or Living Will, the Health Care Surrogate Act, in limited circumstances,
may allow certain persons to stop or not start your life sustaining treatment without court involvement. This person is called
a Surrogate. Also, a guardian may be appointed by the court to make all your health care decisions. Under the surrogate decision-making
process, your physician will identify a Surrogate in the order listed below:
1. a court appointed guardian of your person
2. your spouse
3. any of your adult children
4. either one of your parents
5. any of your adult brothers or sisters
6. any of your adult grandchildren
7. one of your close friends
8. a court appointed guardian of your property
However, before the surrogate decision-making process can be used, all of the following three requirements must be satisfied:
1. Two physicians agree that you have at least one of the following: (1) a terminal condition, (2) incurable or irreversible
condition or (3) permanent unconsciousness. The law calls any one of these three conditions a Qualifying Condition.
2. Two physicians agree that you are unable to make health care decisions.
3. You do not have an applicable Living Will or Power of Attorney for Health Care.
The Surrogate is required to make life sustaining treatment decisions in accordance with your wishes. If your wishes are not
known, then the Surrogate may make decisions based upon what is in your best interests by taking into account your values,
beliefs and religious views.
The purpose of this brochure is to make you aware of your ability to decide now, while you are well, what medical treatment
you would like to receive in the event of a tragedy. This brochure does not attempt to discuss all of the legal issues concerning
a Power of Attorney for Health Care, a Living Will or the Health Care Surrogate Act. This brochure may also become outdated
if the legislature someday changes the law. Therefore, you may wish to talk to a lawyer before signing a Power of Attorney
for Health Care or Living Will.
Still Consider Naming An Agent
You should still consider naming an Agent under a Power of Attorney for Health Care instead of relying on a Surrogate. First,
your Agent can do everything a Surrogate can do and much more. Second, with an Agent you reduce the risk that your wishes
will not be carried out because the Agent will be following your written directions. Third, you may prefer someone other than
the Surrogate to make these important decisions for you. Fourth, your illness may not meet the definition of a Qualifying
Condition. If your illness does not meet this definition, you will not have a Surrogate identified. Fifth, you could end up
with several children or several brothers and sisters as Surrogates who may disagree. You can reduce the risk of disagreements
between them or court challenges by naming your own Agent.
© Copyright, Illinois State Bar Association, 1990
The information on this web site does not constitute legal advice. The law is constantly changing, and we make no warranty
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