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Public Act 102-0181


 

Public Act 0181 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0181
 
HB0679 EnrolledLRB102 12655 LNS 17994 b

    AN ACT concerning civil law.
 
    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 Sections 4-6 and 4-10 as follows:
 
    (755 ILCS 45/4-6)  (from Ch. 110 1/2, par. 804-6)
    Sec. 4-6. Revocation and amendment of health care
agencies.
    (a) Unless the principal elects a delayed revocation
period pursuant to subsection (a-5), every Every health care
agency may be revoked by the principal at any time, without
regard to the principal's mental or physical condition, by any
of the following methods:
        1. By being obliterated, burnt, torn or otherwise
    destroyed or defaced in a manner indicating intention to
    revoke;
        2. By a written revocation of the agency signed and
    dated by the principal or person acting at the direction
    of the principal, regardless of whether the written
    revocation is in an electronic or hard copy format;
        3. By an oral or any other expression of the intent to
    revoke the agency in the presence of a witness 18 years of
    age or older who signs and dates a writing confirming that
    such expression of intent was made; or
        4. For an electronic health care agency, by deleting
    in a manner indicating the intention to revoke. An
    electronic health care agency may be revoked
    electronically using a generic, technology-neutral system
    in which each user is assigned a unique identifier that is
    securely maintained and in a manner that meets the
    regulatory requirements for a digital or electronic
    signature. Compliance with the standards defined in the
    Electronic Commerce Security Act or the implementing rules
    of the Hospital Licensing Act for medical record entry
    authentication for author validation of the documentation,
    content accuracy, and completeness meets this standard.
    (a-5) A principal may elect a 30-day delay of the
revocation of the principal's health care agency. If a
principal makes this election, the principal's revocation
shall be delayed for 30 days after the principal communicates
his or her intent to revoke.
    (b) Every health care agency may be amended at any time by
a written amendment signed and dated by the principal or
person acting at the direction of the principal.
    (c) Any person, other than the agent, to whom a revocation
or amendment is communicated or delivered shall make all
reasonable efforts to inform the agent of that fact as
promptly as possible.
(Source: P.A. 101-163, eff. 1-1-20.)
 
    (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 form prescribed in this Section (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 the limitations in Section 4-5 of this Article,
but they need not be witnessed or conform in any other respect
to the statutory health care power.
    No specific format is required for the statutory health
care power of attorney other than the notice must precede the
form. The statutory health care power may be included in or
combined with any other form of power of attorney governing
property or other matters.
    The signature and execution requirements set forth in this
Article are satisfied by: (i) written signatures or initials;
or (ii) electronic signatures or computer-generated signature
codes. Electronic documents under this Act may be created,
signed, or revoked electronically using a generic,
technology-neutral system in which each user is assigned a
unique identifier that is securely maintained and in a manner
that meets the regulatory requirements for a digital or
electronic signature. Compliance with the standards defined in
the Electronic Commerce Security Act or the implementing rules
of the Hospital Licensing Act for medical record entry
authentication for author validation of the documentation,
content accuracy, and completeness meets this standard.
    (b) The Illinois Statutory Short Form Power of Attorney
for Health Care shall be substantially as follows:
 
NOTICE TO THE INDIVIDUAL SIGNING
THE POWER OF ATTORNEY FOR HEALTH CARE
    No one can predict when a serious illness or accident
might occur. When it does, you may need someone else to speak
or make health care decisions for you. If you plan now, you can
increase the chances that the medical treatment you get will
be the treatment you want.
    In Illinois, you can choose someone to be your "health
care agent". Your agent is the person you trust to make health
care decisions for you if you are unable or do not want to make
them yourself. These decisions should be based on your
personal values and wishes.
    It is important to put your choice of agent in writing. The
written form is often called an "advance directive". You may
use this form or another form, as long as it meets the legal
requirements of Illinois. There are many written and on-line
resources to guide you and your loved ones in having a
conversation about these issues. You may find it helpful to
look at these resources while thinking about and discussing
your advance directive.
 
WHAT ARE THE THINGS I WANT MY
HEALTH CARE AGENT TO KNOW?
    The selection of your agent should be considered
carefully, as your agent will have the ultimate
decision-making authority once this document goes into effect,
in most instances after you are no longer able to make your own
decisions. While the goal is for your agent to make decisions
in keeping with your preferences and in the majority of
circumstances that is what happens, please know that the law
does allow your agent to make decisions to direct or refuse
health care interventions or withdraw treatment. Your agent
will need to think about conversations you have had, your
personality, and how you handled important health care issues
in the past. Therefore, it is important to talk with your agent
and your family about such things as:
        (i) What is most important to you in your life?
        (ii) How important is it to you to avoid pain and
    suffering?
        (iii) If you had to choose, is it more important to you
    to live as long as possible, or to avoid prolonged
    suffering or disability?
        (iv) Would you rather be at home or in a hospital for
    the last days or weeks of your life?
        (v) Do you have religious, spiritual, or cultural
    beliefs that you want your agent and others to consider?
        (vi) Do you wish to make a significant contribution to
    medical science after your death through organ or whole
    body donation?
        (vii) Do you have an existing advance directive, such
    as a living will, that contains your specific wishes about
    health care that is only delaying your death? If you have
    another advance directive, make sure to discuss with your
    agent the directive and the treatment decisions contained
    within that outline your preferences. Make sure that your
    agent agrees to honor the wishes expressed in your advance
    directive.
 
WHAT KIND OF DECISIONS CAN MY AGENT MAKE?
    If there is ever a period of time when your physician
determines that you cannot make your own health care
decisions, or if you do not want to make your own decisions,
some of the decisions your agent could make are to:
        (i) talk with physicians and other health care
    providers about your condition.
        (ii) see medical records and approve who else can see
    them.
        (iii) give permission for medical tests, medicines,
    surgery, or other treatments.
        (iv) choose where you receive care and which
    physicians and others provide it.
        (v) decide to accept, withdraw, or decline treatments
    designed to keep you alive if you are near death or not
    likely to recover. You may choose to include guidelines
    and/or restrictions to your agent's authority.
        (vi) agree or decline to donate your organs or your
    whole body if you have not already made this decision
    yourself. This could include donation for transplant,
    research, and/or education. You should let your agent know
    whether you are registered as a donor in the First Person
    Consent registry maintained by the Illinois Secretary of
    State or whether you have agreed to donate your whole body
    for medical research and/or education.
        (vii) decide what to do with your remains after you
    have died, if you have not already made plans.
        (viii) talk with your other loved ones to help come to
    a decision (but your designated agent will have the final
    say over your other loved ones).
    Your agent is not automatically responsible for your
health care expenses.
 
WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT?
    You can pick a family member, but you do not have to. Your
agent will have the responsibility to make medical treatment
decisions, even if other people close to you might urge a
different decision. The selection of your agent should be done
carefully, as he or she will have ultimate decision-making
authority for your treatment decisions once you are no longer
able to voice your preferences. Choose a family member,
friend, or other person who:
        (i) is at least 18 years old;
        (ii) knows you well;
        (iii) you trust to do what is best for you and is
    willing to carry out your wishes, even if he or she may not
    agree with your wishes;
        (iv) would be comfortable talking with and questioning
    your physicians and other health care providers;
        (v) would not be too upset to carry out your wishes if
    you became very sick; and
        (vi) can be there for you when you need it and is
    willing to accept this important role.
 
WHAT IF MY AGENT IS NOT AVAILABLE OR IS
UNWILLING TO MAKE DECISIONS FOR ME?
    If the person who is your first choice is unable to carry
out this role, then the second agent you chose will make the
decisions; if your second agent is not available, then the
third agent you chose will make the decisions. The second and
third agents are called your successor agents and they
function as back-up agents to your first choice agent and may
act only one at a time and in the order you list them.
 
WHAT WILL HAPPEN IF I DO NOT
CHOOSE A HEALTH CARE AGENT?
    If you become unable to make your own health care
decisions and have not named an agent in writing, your
physician and other health care providers will ask a family
member, friend, or guardian to make decisions for you. In
Illinois, a law directs which of these individuals will be
consulted. In that law, each of these individuals is called a
"surrogate".
    There are reasons why you may want to name an agent rather
than rely on a surrogate:
        (i) The person or people listed by this law may not be
    who you would want to make decisions for you.
        (ii) Some family members or friends might not be able
    or willing to make decisions as you would want them to.
        (iii) Family members and friends may disagree with one
    another about the best decisions.
        (iv) Under some circumstances, a surrogate may not be
    able to make the same kinds of decisions that an agent can
    make.
 
WHAT IF THERE IS NO ONE AVAILABLE
WHOM I TRUST TO BE MY AGENT?
    In this situation, it is especially important to talk to
your physician and other health care providers and create
written guidance about what you want or do not want, in case
you are ever critically ill and cannot express your own
wishes. You can complete a living will. You can also write your
wishes down and/or discuss them with your physician or other
health care provider and ask him or her to write it down in
your chart. You might also want to use written or on-line
resources to guide you through this process.
 
WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT?
    Follow these instructions after you have completed the
form:
        (i) Sign the form in front of a witness. See the form
    for a list of who can and cannot witness it.
        (ii) Ask the witness to sign it, too.
        (iii) There is no need to have the form notarized.
        (iv) Give a copy to your agent and to each of your
    successor agents.
        (v) Give another copy to your physician.
        (vi) Take a copy with you when you go to the hospital.
        (vii) Show it to your family and friends and others
    who care for you.
 
WHAT IF I CHANGE MY MIND?
    You may change your mind at any time. If you do, tell
someone who is at least 18 years old that you have changed your
mind, and/or destroy your document and any copies. If you
wish, fill out a new form and make sure everyone you gave the
old form to has a copy of the new one, including, but not
limited to, your agents and your physicians. If you are
concerned you may revoke your power of attorney at a time when
you may need it the most, you may initial the box at the end of
the form to indicate that you would like a 30-day waiting
period after you voice your intent to revoke your power of
attorney. This means if your agent is making decisions for you
during that time, your agent can continue to make decisions on
your behalf. This election is purely optional, and you do not
have to choose it. If you do not choose this option, you can
change your mind and revoke the power of attorney at any time.
 
WHAT IF I DO NOT WANT TO USE THIS FORM?
    In the event you do not want to use the Illinois statutory
form provided here, any document you complete must be executed
by you, designate an agent who is over 18 years of age and not
prohibited from serving as your agent, and state the agent's
powers, but it need not be witnessed or conform in any other
respect to the statutory health care power.
    If you have questions about the use of any form, you may
want to consult your physician, other health care provider,
and/or an attorney.
 
MY POWER OF ATTORNEY FOR HEALTH CARE

 
THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY
FOR HEALTH CARE. (You must sign this form and a witness must
also sign it before it is valid)
 
My name (Print your full name):..........
My address:..................................................
 
I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT
(an agent is your personal representative under state and
federal law):
(Agent name).................
(Agent address).............
(Agent phone number).........................................
 
(Please check box if applicable) .... If a guardian of my
person is to be appointed, I nominate the agent acting under
this power of attorney as guardian.
 
SUCCESSOR HEALTH CARE AGENT(S) (optional):
    If the agent I selected is unable or does not want to make
health care decisions for me, then I request the person(s) I
name below to be my successor health care agent(s). Only one
person at a time can serve as my agent (add another page if you
want to add more successor agent names):
.....................
(Successor agent #1 name, address and phone number)
..........
(Successor agent #2 name, address and phone number)
 
MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING:
        (i) Deciding to accept, withdraw or decline treatment
    for any physical or mental condition of mine, including
    life-and-death decisions.
        (ii) Agreeing to admit me to or discharge me from any
    hospital, home, or other institution, including a mental
    health facility.
        (iii) Having complete access to my medical and mental
    health records, and sharing them with others as needed,
    including after I die.
        (iv) Carrying out the plans I have already made, or,
    if I have not done so, making decisions about my body or
    remains, including organ, tissue or whole body donation,
    autopsy, cremation, and burial.
    The above grant of power is intended to be as broad as
possible so that my agent will have the authority to make any
decision I could make to obtain or terminate any type of health
care, including withdrawal of nutrition and hydration and
other life-sustaining measures.
 
I AUTHORIZE MY AGENT TO (please check any one box):
    .... Make decisions for me only when I cannot make them for
    myself. The physician(s) taking care of me will determine
    when I lack this ability.
        (If no box is checked, then the box above shall be
    implemented.) OR
    .... Make decisions for me only when I cannot make them for
    myself. The physician(s) taking care of me will determine
    when I lack this ability. Starting now, for the purpose of
    assisting me with my health care plans and decisions, my
    agent shall have complete access to my medical and mental
    health records, the authority to share them with others as
    needed, and the complete ability to communicate with my
    personal physician(s) and other health care providers,
    including the ability to require an opinion of my
    physician as to whether I lack the ability to make
    decisions for myself. OR
    .... Make decisions for me starting now and continuing
    after I am no longer able to make them for myself. While I
    am still able to make my own decisions, I can still do so
    if I want to.
 
    The subject of life-sustaining treatment is of particular
importance. Life-sustaining treatments may include tube
feedings or fluids through a tube, breathing machines, and
CPR. In general, in making decisions concerning
life-sustaining treatment, your agent is instructed to
consider the relief of suffering, the quality as well as the
possible extension of your life, and your previously expressed
wishes. Your agent will weigh the burdens versus benefits of
proposed treatments in making decisions on your behalf.
    Additional statements concerning the withholding or
removal of life-sustaining treatment are described below.
These can serve as a guide for your agent when making decisions
for you. Ask your physician or health care provider if you have
any questions about these statements.
 
SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR
WISHES (optional):
    .... The quality of my life is more important than the
    length of my life. If I am unconscious and my attending
    physician believes, in accordance with reasonable medical
    standards, that I will not wake up or recover my ability to
    think, communicate with my family and friends, and
    experience my surroundings, I do not want treatments to
    prolong my life or delay my death, but I do want treatment
    or care to make me comfortable and to relieve me of pain.
    .... Staying alive is more important to me, no matter how
    sick I am, how much I am suffering, the cost of the
    procedures, or how unlikely my chances for recovery are. I
    want my life to be prolonged to the greatest extent
    possible in accordance with reasonable medical standards.
 
SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY:
    The above grant of power is intended to be as broad as
possible so that your agent will have the authority to make any
decision you could make to obtain or terminate any type of
health care. If you wish to limit the scope of your agent's
powers or prescribe special rules or limit the power to
authorize autopsy or dispose of remains, you may do so
specifically in this form.
..................................
..............................
 
My signature:..................
Today's date:................................................
 
DELAYED REVOCATION
    .... I elect to delay revocation of this power of attorney
for 30 days after I communicate my intent to revoke it.
    .... I elect for the revocation of this power of attorney
to take effect immediately if I communicate my intent to
revoke it.
 
HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN
COMPLETE THE SIGNATURE PORTION:
    I am at least 18 years old. (check one of the options
below):
    .... I saw the principal sign this document, or
    .... the principal told me that the signature or mark on
    the principal signature line is his or hers.
    I am not the agent or successor agent(s) named in this
document. I am not related to the principal, the agent, or the
successor agent(s) by blood, marriage, or adoption. I am not
the principal's physician, advanced practice registered nurse,
dentist, podiatric physician, optometrist, psychologist, or a
relative of one of those individuals. I am not an owner or
operator (or the relative of an owner or operator) of the
health care facility where the principal is a patient or
resident.
Witness printed name:............
Witness address:..............
Witness signature:...............
Today's date:................................................
 
    (c) 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. The authority under
    this paragraph (4) applies to any information governed by
    the Health Insurance Portability and Accountability Act of
    1996 ("HIPAA") and regulations thereunder. The agent
    serves as the principal's personal representative, as that
    term is defined under HIPAA and regulations thereunder.
        (5) The agent is authorized: to direct that an autopsy
    be made pursuant to Section 2 of the Autopsy Act; to make a
    disposition of any part or all of the principal's body
    pursuant to the Illinois Anatomical Gift Act, as now or
    hereafter amended; and to direct the disposition of the
    principal's remains.
        (6) At any time during which there is no executor or
    administrator appointed for the principal's estate, the
    agent is authorized to continue to pursue an application
    or appeal for government benefits if those benefits were
    applied for during the life of the principal.
    (d) A physician may determine that the principal is unable
to make health care decisions for himself or herself only if
the principal lacks decisional capacity, as that term is
defined in Section 10 of the Health Care Surrogate Act.
    (e) If the principal names the agent as a guardian on the
statutory short form, and if a court decides that the
appointment of a guardian will serve the principal's best
interests and welfare, the court shall appoint the agent to
serve without bond or security.
(Source: P.A. 100-513, eff. 1-1-18; 101-81, eff. 7-12-19;
101-163, eff. 1-1-20.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/30/2021