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91st General Assembly
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Public Act 91-0240

HB0404 Enrolled                                LRB9101374DJcd

    AN ACT to amend the Illinois Power  of  Attorney  Act  by
changing Section 4-10.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Power  of  Attorney  Act  is
amended by changing Section 4-10 as follows:

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

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