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 advanced 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.
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 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: ______________________________
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, mental health service provider, 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: ______________________________
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