(755 ILCS 43/30)
Sec. 30.
Authority of attorney-in-fact.
(1) The attorney-in-fact does not have authority to make mental health
treatment decisions unless the principal is incapable.
(2) The attorney-in-fact is not, as a result of acting in that capacity,
personally liable for the cost of treatment provided to the principal.
(3) Except to the extent the right is limited by the declaration or any
federal law, an attorney-in-fact has the same right as the principal to receive
information regarding the proposed mental health treatment and to receive,
review and consent to disclosure of medical records relating to that treatment.
This right of access does not waive any evidentiary privilege.
(4) In exercising authority under the declaration, the attorney-in-fact has
a duty to act consistently with the desires of the principal as expressed in
the declaration. If the principal's desires are not expressed in the
declaration and not otherwise known by the attorney-in-fact, the
attorney-in-fact has a duty to act in what the attorney-in-fact in good faith
believes to be the best interests of the principal.
(5) An attorney-in-fact is not subject to criminal prosecution, civil
liability or professional disciplinary action for any action taken in good
faith pursuant to a declaration for mental health treatment.
(Source: P.A. 89-439, eff. 6-1-96.)
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