State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]

91_HB0404enr

 
HB0404 Enrolled                                LRB9101374DJcd

 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
 
HB0404 Enrolled             -2-                LRB9101374DJcd
 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    ............................................................
 
HB0404 Enrolled             -3-                LRB9101374DJcd
 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             ....Specific organs:................................
17    (THE  ABOVE  GRANT  OF  POWER  IS  INTENDED TO BE AS BROAD AS
18    POSSIBLE SO THAT YOUR AGENT WILL HAVE AUTHORITY TO  MAKE  ANY
19    DECISION  YOU  COULD  MAKE TO OBTAIN OR TERMINATE ANY TYPE OF
20    HEALTH CARE, INCLUDING WITHDRAWAL OF FOOD AND WATER AND OTHER
21    LIFE-SUSTAINING MEASURES, IF YOUR AGENT BELIEVES SUCH  ACTION
22    WOULD  BE  CONSISTENT  WITH  YOUR INTENT AND DESIRES.  IF YOU
23    WISH TO LIMIT THE SCOPE OF YOUR AGENT'S POWERS  OR  PRESCRIBE
24    SPECIAL  RULES OR LIMIT THE POWER TO MAKE AN ANATOMICAL GIFT,
25    AUTHORIZE AUTOPSY OR DISPOSE OF REMAINS, YOU MAY DO SO IN THE
26    FOLLOWING PARAGRAPHS.)
27        2.  The  powers  granted  above  shall  not  include  the
28    following powers or shall be subject to the  following  rules
29    or limitations (here you may include any specific limitations
30    you  deem  appropriate, such as:  your own definition of when
31    life-sustaining measures should be withheld; a  direction  to
32    continue  food and fluids or life-sustaining treatment in all
33    events; or instructions  to  refuse  any  specific  types  of
34    treatment  that  are inconsistent with your religious beliefs
 
HB0404 Enrolled             -4-                LRB9101374DJcd
 1    or unacceptable to you for any other reason,  such  as  blood
 2    transfusion,    electro-convulsive    therapy,    amputation,
 3    psychosurgery,  voluntary  admission to a mental institution,
 4    etc.): ......................................................
 5    .............................................................
 6    .............................................................
 7    .............................................................
 8    .............................................................
 9    (THE SUBJECT OF LIFE-SUSTAINING TREATMENT  IS  OF  PARTICULAR
10    IMPORTANCE.   FOR  YOUR  CONVENIENCE  IN  DEALING  WITH  THAT
11    SUBJECT,  SOME  GENERAL STATEMENTS CONCERNING THE WITHHOLDING
12    OR REMOVAL OF LIFE-SUSTAINING TREATMENT ARE SET FORTH  BELOW.
13    IF  YOU  AGREE  WITH ONE OF THESE STATEMENTS, YOU MAY INITIAL
14    THAT STATEMENT; BUT DO NOT INITIAL MORE THAN ONE):
15        I do not want my life to  be  prolonged  nor  do  I  want
16    life-sustaining  treatment  to be provided or continued if my
17    agent believes the burdens  of  the  treatment  outweigh  the
18    expected benefits.  I want my agent to consider the relief of
19    suffering,  the  expense  involved and the quality as well as
20    the  possible  extension  of  my  life  in  making  decisions
21    concerning life-sustaining treatment.
22                          Initialed...........................
23        I want my life to be prolonged and I want life-sustaining
24    treatment to be provided or continued unless I am in  a  coma
25    which  my attending physician believes to be irreversible, in
26    accordance with reasonable medical standards at the  time  of
27    reference.   If and when I have suffered irreversible coma, I
28    want   life-sustaining   treatment   to   be   withheld    or
29    discontinued.
30                          Initialed...........................
31        I  want  my  life  to be prolonged to the greatest extent
32    possible without regard to my condition, the chances  I  have
33    for recovery or the cost of the procedures.
34                          Initialed...........................
 
HB0404 Enrolled             -5-                LRB9101374DJcd
 1    (THIS  POWER  OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU IN
 2    THE MANNER PROVIDED IN SECTION 4-6 OF THE ILLINOIS "POWERS OF
 3    ATTORNEY FOR HEALTH CARE LAW" (SEE THE BACK  OF  THIS  FORM).
 4    ABSENT AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS
 5    POWER  OF  ATTORNEY  WILL  BECOME  EFFECTIVE AT THE TIME THIS
 6    POWER IS SIGNED AND  WILL  CONTINUE  UNTIL  YOUR  DEATH,  AND
 7    BEYOND  IF ANATOMICAL GIFT, AUTOPSY OR DISPOSITION OF REMAINS
 8    IS AUTHORIZED, UNLESS A LIMITATION ON THE BEGINNING  DATE  OR
 9    DURATION  IS MADE BY INITIALING AND COMPLETING EITHER OR BOTH
10    OF THE FOLLOWING:)
11        3.  (  ) This power of attorney shall become effective on
12    .............................................................
13    .............................................................
14    (insert a future date or event during your lifetime, such  as
15    court  determination  of  your disability, when you want this
16    power to first take effect)
17        4.  (  ) This power of attorney shall terminate on ......
18    .............................................................
19    (insert a future date or event, such as  court  determination
20    of  your  disability,  when  you want this power to terminate
21    prior to your death)
22    (IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE  NAMES  AND
23    ADDRESSES OF SUCH SUCCESSORS IN THE FOLLOWING PARAGRAPH.)
24        5.  If   any   agent   named  by  me  shall  die,  become
25    incompetent, resign, refuse to accept the office of agent  or
26    be  unavailable,  I name the following (each to act alone and
27    successively, in the  order  named)  as  successors  to  such
28    agent:
29    .............................................................
30    .............................................................
31    For   purposes  of  this  paragraph  5,  a  person  shall  be
32    considered to be incompetent if and while  the  person  is  a
33    minor or an adjudicated incompetent or disabled person or the
34    person is unable to give prompt and intelligent consideration
 
HB0404 Enrolled             -6-                LRB9101374DJcd
 1    to health care matters, as certified by a licensed physician.
 2    (IF  YOU  WISH TO NAME YOUR AGENT AS GUARDIAN OF YOUR PERSON,
 3    IN THE EVENT A COURT DECIDES THAT ONE  SHOULD  BE  APPOINTED,
 4    YOU  MAY,  BUT  ARE  NOT  REQUIRED TO, DO SO BY RETAINING THE
 5    FOLLOWING PARAGRAPH.  THE COURT WILL APPOINT  YOUR  AGENT  IF
 6    THE  COURT  FINDS  THAT SUCH APPOINTMENT WILL SERVE YOUR BEST
 7    INTERESTS AND WELFARE.  STRIKE OUT PARAGRAPH 6 IF YOU DO  NOT
 8    WANT YOUR AGENT TO ACT AS GUARDIAN.)
 9        6.  If  a  guardian  of  my  person is to be appointed, I
10    nominate the agent acting under this  power  of  attorney  as
11    such guardian, to serve without bond or security.
12        7.  I  am  fully  informed as to all the contents of this
13    form and understand the full import of this grant  of  powers
14    to my agent.
15                             Signed..............................
16                                                (principal)
17        The  principal  has  had an opportunity to read the above
18    form and has signed the  form  or  acknowledged  his  or  her
19    signature or mark on the form in my presence.
20    ..........................  Residing at.......................
21            (witness)
22    (YOU  MAY,  BUT  ARE  NOT REQUIRED TO, REQUEST YOUR AGENT AND
23    SUCCESSOR AGENTS TO PROVIDE SPECIMEN  SIGNATURES  BELOW.   IF
24    YOU  INCLUDE  SPECIMEN  SIGNATURES IN THIS POWER OF ATTORNEY,
25    YOU MUST COMPLETE THE CERTIFICATION OPPOSITE  THE  SIGNATURES
26    OF THE AGENTS.)
27    Specimen signatures of     I certify that the signatures of my
28    agent (and successors).    agent (and successors) are correct.
29    ..........................   .................................
30           (agent)                      (principal)
31    ..........................   .................................
32         (successor agent)              (principal)
33    ..........................   .................................
34          (successor agent)             (principal)"
 
HB0404 Enrolled             -7-                LRB9101374DJcd
 1        (b)  The  statutory  short  form  power  of  attorney for
 2    health care (the "statutory health  care  power")  authorizes
 3    the agent to make any and all health care decisions on behalf
 4    of  the  principal  which the principal could make if present
 5    and under no disability, subject to any  limitations  on  the
 6    granted  powers  that  appear  on the face of the form, to be
 7    exercised in such manner as the agent deems  consistent  with
 8    the  intent  and desires of the principal.  The agent will be
 9    under no duty to exercise granted powers or to assume control
10    of or responsibility for the  principal's  health  care;  but
11    when granted powers are exercised, the agent will be required
12    to  use  due  care to act for the benefit of the principal in
13    accordance with the terms of the statutory health care  power
14    and  will  be  liable for negligent exercise.   The agent may
15    act in person or through others reasonably  employed  by  the
16    agent for that purpose but may not delegate authority to make
17    health  care  decisions.   The agent may sign and deliver all
18    instruments, negotiate and enter into all agreements  and  do
19    all other acts reasonably necessary to implement the exercise
20    of  the  powers  granted  to the agent.  Without limiting the
21    generality of the foregoing, the statutory health care  power
22    shall   include   the   following   powers,  subject  to  any
23    limitations appearing on the face of the form:
24        (1)  The agent is  authorized  to  give  consent  to  and
25    authorize  or  refuse, or to withhold or withdraw consent to,
26    any and all types of medical care,  treatment  or  procedures
27    relating  to  the physical or mental health of the principal,
28    including  any  medication  program,   surgical   procedures,
29    life-sustaining treatment or provision of food and fluids for
30    the principal.
31        (2)  The agent is authorized to admit the principal to or
32    discharge  the principal from any and all types of hospitals,
33    institutions,  homes,  residential  or  nursing   facilities,
34    treatment   centers   and   other  health  care  institutions
 
HB0404 Enrolled             -8-                LRB9101374DJcd
 1    providing personal care or treatment for any type of physical
 2    or mental condition.  The agent shall have the same right  to
 3    visit  the  principal in the hospital or other institution as
 4    is granted to a spouse or adult child of the  principal,  any
 5    rule of the institution to the contrary notwithstanding.
 6        (3)  The  agent is authorized to contract for any and all
 7    types of health care services and facilities in the  name  of
 8    and  on  behalf of the principal and to bind the principal to
 9    pay for all such services and facilities,  and  to  have  and
10    exercise  those  powers  over the principal's property as are
11    authorized under the statutory property power, to the  extent
12    the  agent  deems necessary to pay health care costs; and the
13    agent shall not be personally liable for any services or care
14    contracted for on behalf of the principal.
15        (4)  At the principal's expense and subject to reasonable
16    rules of the health care provider to  prevent  disruption  of
17    the  principal's  health  care, the agent shall have the same
18    right the principal has to examine and copy  and  consent  to
19    disclosure  of  all  the principal's medical records that the
20    agent deems relevant to the exercise of the  agent's  powers,
21    whether  the  records  relate  to  mental health or any other
22    medical condition and whether they are in the  possession  of
23    or  maintained  by any physician, psychiatrist, psychologist,
24    therapist,  hospital,  nursing  home  or  other  health  care
25    provider.
26        (5)  The agent is authorized: to direct that  an  autopsy
27    be  made  pursuant  to  Section  2  of "An Act in relation to
28    autopsy of dead bodies", approved August 13, 1965,  including
29    all  amendments;  to make a disposition of any part or all of
30    the principal's body pursuant to the Uniform Anatomical  Gift
31    Act,   as  now  or  hereafter  amended;  and  to  direct  the
32    disposition of the principal's remains.
33    (Source: P.A. 86-736.)

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