Law Update: New Illinois Health Care Power of Attorney Law

As you may have read, I have written at length in prior postings about the importance of executing a valid Illinois power of attorney for health care, or “POAH.”  By signing a POAH, you name an agent (or agents) who will make health care decisions for you in the event that you are unable to make those decisions yourself due to illness, injury, or another form of incapacity.

If you already have a POAH in place, or even if you are only considering creating one, you need to know it is likely that the Illinois law governing the requirements for a valid POAH will be changing.  Illinois Senate Bill 3228 passed both the Illinois House and Senate on May 30, 2014, and is awaiting the governor’s signature.  The bill makes the following changes to the existing Illinois Power of Attorney Act:

• A “health care agent” is specifically defined to include a person over the age of 18 who is designated by the principal to have the authority of a personal representative under both state and federal law.
• No health care professional who is administering health care to the principal may act as agent under the POAH.
• No health care provider that is administering health care to the principal, or any employee of such a health care provider agency, may serve as a witness to the POAH.
• A new, more-detailed form of notice must be included in the POAH and provided to the principal prior to signing.
• Statutory descriptions of the principal’s wishes concerning life-sustaining treatment have been extensively revised.

Once the governor signs the bill, which he is expected to do soon, the new law will take effect fewer than six months from now – on January 1, 2015.  In light of these sweeping changes, if you have an existing POAH, you should review it with your attorney.  If you have not yet taken this important step in ensuring that you are prepared for a possible disability in the future, you should contact an attorney as soon as possible to assist you in preparing a POAH that conforms to the new law.

Have a legal question you'd like to see answered in a future article? Post it in the Comments section below, or email it to me at hgwalser@lavellelaw.com

Disclaimer: This article provides legal information of a general nature and is not intended as legal advice, nor does it create an attorney-client relationship with any person or group of persons. Should you wish to obtain legal advice concerning your particular situation, contact an attorney.