Full Text of HB5047 102nd General Assembly
HB5047ham001 102ND GENERAL ASSEMBLY | Rep. Jennifer Gong-Gershowitz Filed: 2/18/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5047
| 2 | | AMENDMENT NO. ______. Amend House Bill 5047 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Power of Attorney Act is amended | 5 | | by changing Sections 4-4.1, 4-7, and 4-10 as follows: | 6 | | (755 ILCS 45/4-4.1) | 7 | | Sec. 4-4.1. Format. Documents, writings, forms, and copies | 8 | | referred to in this Article may be in hard copy or electronic | 9 | | format. Nothing in this Article is intended to prevent the | 10 | | population of a written instrument of a health care agency, | 11 | | document, writing, or form with electronic data. An agent may | 12 | | present an electronic device displaying an electronic copy of | 13 | | an executed form as proof of the health care agency.
| 14 | | (Source: P.A. 101-163, eff. 1-1-20 .) | 15 | | (755 ILCS 45/4-7) (from Ch. 110 1/2, par. 804-7)
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| 1 | | Sec. 4-7. Duties of health care providers and others in | 2 | | relation to
health care agencies. Each health care provider | 3 | | and each other person with
whom an agent deals under a health | 4 | | care agency shall be subject to the
following duties and | 5 | | responsibilities:
| 6 | | (a) It is the responsibility of the agent or patient to | 7 | | notify the
health care provider of the existence of the health | 8 | | care agency and any
amendment or revocation thereof. An agent | 9 | | may present an electronic device displaying an electronic copy | 10 | | of an executed form as proof of the health care agency. A | 11 | | health care provider furnished with a
copy of a health care | 12 | | agency shall make it a part of the patient's medical
records | 13 | | and shall enter in the records any change in or termination of | 14 | | the
health care agency by the principal that becomes known to | 15 | | the provider.
Whenever a provider believes a patient may lack | 16 | | capacity to give informed
consent to health care which the | 17 | | provider deems necessary, the provider
shall consult with any | 18 | | available health care agent known to the provider
who then has | 19 | | power to act for the patient under a health care agency.
| 20 | | (b) A health care decision made by an agent in accordance | 21 | | with the terms
of a health care agency shall be complied with | 22 | | by every health care
provider to whom the decision is | 23 | | communicated, subject to the provider's
right to administer | 24 | | treatment for the patient's comfort care or alleviation
of | 25 | | pain; but if the provider is unwilling to comply with the | 26 | | agent's decision,
the provider shall promptly inform the agent |
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| 1 | | who shall then be responsible
to make the necessary | 2 | | arrangements for the transfer of the patient to
another | 3 | | provider. It is understood that a
provider who is unwilling to | 4 | | comply with the agent's decision will continue
to afford | 5 | | reasonably necessary consultation and care in connection with | 6 | | the transfer.
| 7 | | (c) At the patient's expense and subject to reasonable | 8 | | rules of the
health care provider to prevent disruption of the | 9 | | patient's health care,
each health care provider shall give an | 10 | | agent authorized to receive
such information under a health | 11 | | care agency the same right the principal
has to examine and | 12 | | copy any part or all of the patient's medical records
that the | 13 | | agent deems relevant to the exercise of the agent's powers,
| 14 | | whether the records relate to mental health or any other | 15 | | medical condition
and whether they are in the possession of or | 16 | | maintained by any physician,
psychiatrist, psychologist, | 17 | | therapist, hospital, nursing home or other
health care | 18 | | provider.
| 19 | | (d) If and to the extent a health care agency empowers the | 20 | | agent to (1)
make an anatomical gift on behalf of the principal | 21 | | under the Illinois Anatomical Gift Act, as now or hereafter | 22 | | amended, or (2) authorize
an
autopsy of the principal's body | 23 | | pursuant to Section 2 of "An Act in
relation to autopsy of dead | 24 | | bodies", approved August 13, 1965, as now or
hereafter | 25 | | amended, or (3) direct
the disposition of the principal's | 26 | | remains, the decision by an authorized
agent as to anatomical |
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| 1 | | gift, autopsy
approval or remains disposition shall be deemed | 2 | | the act of the principal
and shall control over the decision of | 3 | | other persons who might otherwise
have priority;
and each | 4 | | person to whom a direction by the agent in accordance with the
| 5 | | terms of the agency is communicated shall comply with such | 6 | | direction.
| 7 | | (Source: P.A. 93-794, eff. 7-22-04.)
| 8 | | (755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
| 9 | | Sec. 4-10. Statutory short form power of attorney for | 10 | | health care.
| 11 | | (a) The form prescribed in this Section (sometimes also | 12 | | referred to in this Act as the
"statutory health care power") | 13 | | may be used to grant an agent powers with
respect to the | 14 | | principal's own health care; but the statutory health care
| 15 | | power is not intended to be exclusive nor to cover delegation | 16 | | of a parent's
power to control the health care of a minor | 17 | | child, and no provision of this
Article shall be construed to | 18 | | invalidate or bar use by the principal of any
other or
| 19 | | different form of power of attorney for health care. | 20 | | Nonstatutory health
care powers must be
executed by the | 21 | | principal, designate the agent and the agent's powers, and
| 22 | | comply with the limitations in Section 4-5 of this Article, | 23 | | but they need not be witnessed or
conform in any other respect | 24 | | to the statutory health care power. | 25 | | No specific format is required for the statutory health |
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| 1 | | care power of attorney other than the notice must precede the | 2 | | form. The statutory health care power may be included in or
| 3 | | combined with any
other form of power of attorney governing | 4 | | property or other matters.
| 5 | | The signature and execution requirements set forth in this | 6 | | Article are satisfied by: (i) written signatures or initials; | 7 | | or (ii) electronic signatures or computer-generated signature | 8 | | codes. Electronic documents under this Act may be created, | 9 | | signed, or revoked electronically using a generic, | 10 | | technology-neutral system in which each user is assigned a | 11 | | unique identifier that is securely maintained and in a manner | 12 | | that meets the regulatory requirements for a digital or | 13 | | electronic signature. Compliance with the standards defined in | 14 | | the Uniform Electronic Transactions Act or the implementing | 15 | | rules of the Hospital Licensing Act for medical record entry | 16 | | authentication for author validation of the documentation, | 17 | | content accuracy, and completeness meets this standard. | 18 | | (b) The Illinois Statutory Short Form Power of Attorney | 19 | | for Health Care shall be substantially as follows: | 20 | | NOTICE TO THE INDIVIDUAL SIGNING | 21 | | THE POWER OF ATTORNEY FOR HEALTH CARE | 22 | | No one can predict when a serious illness or accident | 23 | | might occur. When it does, you may need someone else to speak | 24 | | or make health care decisions for you. If you plan now, you can | 25 | | increase the chances that the medical treatment you get will |
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| 1 | | be the treatment you want. | 2 | | In Illinois, you can choose someone to be your "health | 3 | | care agent". Your agent is the person you trust to make health | 4 | | care decisions for you if you are unable or do not want to make | 5 | | them yourself. These decisions should be based on your | 6 | | personal values and wishes. | 7 | | It is important to put your choice of agent in writing. The | 8 | | written form is often called an "advance directive". You may | 9 | | use this form or another form, as long as it meets the legal | 10 | | requirements of Illinois. There are many written and online | 11 | | on-line resources to guide you and your loved ones in having a | 12 | | conversation about these issues. You may find it helpful to | 13 | | look at these resources while thinking about and discussing | 14 | | your advance directive. | 15 | | WHAT ARE THE THINGS I WANT MY | 16 | | HEALTH CARE AGENT TO KNOW? | 17 | | The selection of your agent should be considered | 18 | | carefully, as your agent will have the ultimate | 19 | | decision-making authority once this document goes into effect, | 20 | | in most instances after you are no longer able to make your own | 21 | | decisions. While the goal is for your agent to make decisions | 22 | | in keeping with your preferences and in the majority of | 23 | | circumstances that is what happens, please know that the law | 24 | | does allow your agent to make decisions to direct or refuse | 25 | | health care interventions or withdraw treatment. Your agent |
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| 1 | | will need to think about conversations you have had, your | 2 | | personality, and how you handled important health care issues | 3 | | in the past. Therefore, it is important to talk with your agent | 4 | | and your family about such things as: | 5 | | (i) What is most important to you in your life? | 6 | | (ii) How important is it to you to avoid pain and | 7 | | suffering? | 8 | | (iii) If you had to choose, is it more important to you | 9 | | to live as long as possible, or to avoid prolonged | 10 | | suffering or disability? | 11 | | (iv) Would you rather be at home or in a hospital for | 12 | | the last days or weeks of your life? | 13 | | (v) Do you have religious, spiritual, or cultural | 14 | | beliefs that you want your agent and others to consider? | 15 | | (vi) Do you wish to make a significant contribution to | 16 | | medical science after your death through organ or whole | 17 | | body donation? | 18 | | (vii) Do you have an existing advance directive, such | 19 | | as a living will, that contains your specific wishes about | 20 | | health care that is only delaying your death? If you have | 21 | | another advance directive, make sure to discuss with your | 22 | | agent the directive and the treatment decisions contained | 23 | | within that outline your preferences. Make sure that your | 24 | | agent agrees to honor the wishes expressed in your advance | 25 | | directive. |
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| 1 | | WHAT KIND OF DECISIONS CAN MY AGENT MAKE? | 2 | | If there is ever a period of time when your physician | 3 | | determines that you cannot make your own health care | 4 | | decisions, or if you do not want to make your own decisions, | 5 | | some of the decisions your agent could make are to: | 6 | | (i) talk with physicians and other health care | 7 | | providers about your condition. | 8 | | (ii) see medical records and approve who else can see | 9 | | them. | 10 | | (iii) give permission for medical tests, medicines, | 11 | | surgery, or other treatments. | 12 | | (iv) choose where you receive care and which | 13 | | physicians and others provide it. | 14 | | (v) decide to accept, withdraw, or decline treatments | 15 | | designed to keep you alive if you are near death or not | 16 | | likely to recover. You may choose to include guidelines | 17 | | and/or restrictions to your agent's authority. | 18 | | (vi) agree or decline to donate your organs or your | 19 | | whole body if you have not already made this decision | 20 | | yourself. This could include donation for transplant, | 21 | | research, and/or education. You should let your agent know | 22 | | whether you are registered as a donor in the First Person | 23 | | Consent registry maintained by the Illinois Secretary of | 24 | | State or whether you have agreed to donate your whole body | 25 | | for medical research and/or education. | 26 | | (vii) decide what to do with your remains after you |
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| 1 | | have died, if you have not already made plans. | 2 | | (viii) talk with your other loved ones to help come to | 3 | | a decision (but your designated agent will have the final | 4 | | say over your other loved ones). | 5 | | Your agent is not automatically responsible for your | 6 | | health care expenses. | 7 | | WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT? | 8 | | You can pick a family member, but you do not have to. Your | 9 | | agent will have the responsibility to make medical treatment | 10 | | decisions, even if other people close to you might urge a | 11 | | different decision. The selection of your agent should be done | 12 | | carefully, as he or she will have ultimate decision-making | 13 | | authority for your treatment decisions once you are no longer | 14 | | able to voice your preferences. Choose a family member, | 15 | | friend, or other person who: | 16 | | (i) is at least 18 years old; | 17 | | (ii) knows you well; | 18 | | (iii) you trust to do what is best for you and is | 19 | | willing to carry out your wishes, even if he or she may not | 20 | | agree with your wishes; | 21 | | (iv) would be comfortable talking with and questioning | 22 | | your physicians and other health care providers; | 23 | | (v) would not be too upset to carry out your wishes if | 24 | | you became very sick; and | 25 | | (vi) can be there for you when you need it and is |
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| 1 | | willing to accept this important role. | 2 | | WHAT IF MY AGENT IS NOT AVAILABLE OR IS | 3 | | UNWILLING TO MAKE DECISIONS FOR ME? | 4 | | If the person who is your first choice is unable to carry | 5 | | out this role, then the second agent you chose will make the | 6 | | decisions; if your second agent is not available, then the | 7 | | third agent you chose will make the decisions. The second and | 8 | | third agents are called your successor agents and they | 9 | | function as back-up agents to your first choice agent and may | 10 | | act only one at a time and in the order you list them. | 11 | | WHAT WILL HAPPEN IF I DO NOT | 12 | | CHOOSE A HEALTH CARE AGENT? | 13 | | If you become unable to make your own health care | 14 | | decisions and have not named an agent in writing, your | 15 | | physician and other health care providers will ask a family | 16 | | member, friend, or guardian to make decisions for you. In | 17 | | Illinois, a law directs which of these individuals will be | 18 | | consulted. In that law, each of these individuals is called a | 19 | | "surrogate". | 20 | | There are reasons why you may want to name an agent rather | 21 | | than rely on a surrogate: | 22 | | (i) The person or people listed by this law may not be | 23 | | who you would want to make decisions for you. | 24 | | (ii) Some family members or friends might not be able |
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| 1 | | or willing to make decisions as you would want them to. | 2 | | (iii) Family members and friends may disagree with one | 3 | | another about the best decisions. | 4 | | (iv) Under some circumstances, a surrogate may not be | 5 | | able to make the same kinds of decisions that an agent can | 6 | | make. | 7 | | WHAT IF THERE IS NO ONE AVAILABLE | 8 | | WHOM I TRUST TO BE MY AGENT? | 9 | | In this situation, it is especially important to talk to | 10 | | your physician and other health care providers and create | 11 | | written guidance about what you want or do not want, in case | 12 | | you are ever critically ill and cannot express your own | 13 | | wishes. You can complete a living will. You can also write your | 14 | | wishes down and/or discuss them with your physician or other | 15 | | health care provider and ask him or her to write it down in | 16 | | your chart. You might also want to use written or online | 17 | | on-line resources to guide you through this process. | 18 | | WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT? | 19 | | Follow these instructions after you have completed the | 20 | | form: | 21 | | (i) Sign the form in front of a witness. See the form | 22 | | for a list of who can and cannot witness it. | 23 | | (ii) Ask the witness to sign it, too. | 24 | | (iii) There is no need to have the form notarized. |
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| 1 | | (iv) Give a copy to your agent and to each of your | 2 | | successor agents. | 3 | | (v) Give another copy to your physician. | 4 | | (vi) Take a copy with you when you go to the hospital. | 5 | | (vii) Show it to your family and friends and others | 6 | | who care for you. | 7 | | WHAT IF I CHANGE MY MIND? | 8 | | You may change your mind at any time. If you do, tell | 9 | | someone who is at least 18 years old that you have changed your | 10 | | mind, and/or destroy your document and any copies. If you | 11 | | wish, fill out a new form and make sure everyone you gave the | 12 | | old form to has a copy of the new one, including, but not | 13 | | limited to, your agents and your physicians. If you are | 14 | | concerned you may revoke your power of attorney at a time when | 15 | | you may need it the most, you may initial the box at the end of | 16 | | the form to indicate that you would like a 30-day waiting | 17 | | period after you voice your intent to revoke your power of | 18 | | attorney. This means if your agent is making decisions for you | 19 | | during that time, your agent can continue to make decisions on | 20 | | your behalf. This election is purely optional, and you do not | 21 | | have to choose it. If you do not choose this option, you can | 22 | | change your mind and revoke the power of attorney at any time. | 23 | | WHAT IF I DO NOT WANT TO USE THIS FORM? | 24 | | In the event you do not want to use the Illinois statutory |
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| 1 | | form provided here, any document you complete must be executed | 2 | | by you, designate an agent who is over 18 years of age and not | 3 | | prohibited from serving as your agent, and state the agent's | 4 | | powers, but it need not be witnessed or conform in any other | 5 | | respect to the statutory health care power. | 6 | | If you have questions about the use of any form, you may | 7 | | want to consult your physician, other health care provider, | 8 | | and/or an attorney. | 9 | | MY POWER OF ATTORNEY FOR HEALTH CARE | 10 | | THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY | 11 | | FOR HEALTH CARE. (You must sign this form and a witness must | 12 | | also sign it before it is valid) | 13 | | My name (Print your full name): .......... | 14 | | My address: .................................................. | 15 | | I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT | 16 | | (an agent is your personal representative under state and | 17 | | federal law): | 18 | | (Agent name) ................. | 19 | | (Agent address) ............. | 20 | | (Agent phone number) ......................................... | 21 | | (Please check box if applicable) .... If a guardian of my |
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| 1 | | person is to be appointed, I nominate the agent acting under | 2 | | this power of attorney as guardian. | 3 | | SUCCESSOR HEALTH CARE AGENT(S) (optional): | 4 | | If the agent I selected is unable or does not want to make | 5 | | health care decisions for me, then I request the person(s) I | 6 | | name below to be my successor health care agent(s). Only one | 7 | | person at a time can serve as my agent (add another page if you | 8 | | want to add more successor agent names): | 9 | | ..................... | 10 | | (Successor agent #1 name, address and phone number) | 11 | | .......... | 12 | | (Successor agent #2 name, address and phone number) | 13 | | MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING: | 14 | | (i) Deciding to accept, withdraw , or decline treatment | 15 | | for any physical or mental condition of mine, including | 16 | | life-and-death decisions. | 17 | | (ii) Agreeing to admit me to or discharge me from any | 18 | | hospital, home, or other institution, including a mental | 19 | | health facility. | 20 | | (iii) Having complete access to my medical and mental | 21 | | health records, and sharing them with others as needed, | 22 | | including after I die. | 23 | | (iv) Carrying out the plans I have already made, or, | 24 | | if I have not done so, making decisions about my body or |
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| 1 | | remains, including organ, tissue or whole body donation, | 2 | | autopsy, cremation, and burial. | 3 | | The above grant of power is intended to be as broad as | 4 | | possible so that my agent will have the authority to make any | 5 | | decision I could make to obtain or terminate any type of health | 6 | | care, including withdrawal of nutrition and hydration and | 7 | | other life-sustaining measures. | 8 | | I AUTHORIZE MY AGENT TO (please check any one box): | 9 | | .... Make decisions for me only when I cannot make them for | 10 | | myself. The physician(s) taking care of me will determine | 11 | | when I lack this ability. | 12 | | (If no box is checked, then the box above shall be | 13 | | implemented.)
OR | 14 | | .... Make decisions for me only when I cannot make them for | 15 | | myself. The physician(s) taking care of me will determine | 16 | | when I lack this ability. Starting now, for the purpose of | 17 | | assisting me with my health care plans and decisions, my | 18 | | agent shall have complete access to my medical and mental | 19 | | health records, the authority to share them with others as | 20 | | needed, and the complete ability to communicate with my | 21 | | personal physician(s) and other health care providers, | 22 | | including the ability to require an opinion of my | 23 | | physician as to whether I lack the ability to make | 24 | | decisions for myself. OR | 25 | | .... Make decisions for me starting now and continuing |
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| 1 | | after I am no longer able to make them for myself. While I | 2 | | am still able to make my own decisions, I can still do so | 3 | | if I want to. | 4 | | The subject of life-sustaining treatment is of particular | 5 | | importance. Life-sustaining treatments may include tube | 6 | | feedings or fluids through a tube, breathing machines, and | 7 | | CPR. In general, in making decisions concerning | 8 | | life-sustaining treatment, your agent is instructed to | 9 | | consider the relief of suffering, the quality as well as the | 10 | | possible extension of your life, and your previously expressed | 11 | | wishes. Your agent will weigh the burdens versus benefits of | 12 | | proposed treatments in making decisions on your behalf. | 13 | | Additional statements concerning the withholding or | 14 | | removal of life-sustaining treatment are described below. | 15 | | These can serve as a guide for your agent when making decisions | 16 | | for you. Ask your physician or health care provider if you have | 17 | | any questions about these statements. | 18 | | SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR | 19 | | WISHES (optional): | 20 | | .... The quality of my life is more important than the | 21 | | length of my life. If I am unconscious and my attending | 22 | | physician believes, in accordance with reasonable medical | 23 | | standards, that I will not wake up or recover my ability to | 24 | | think, communicate with my family and friends, and |
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| 1 | | experience my surroundings, I do not want treatments to | 2 | | prolong my life or delay my death, but I do want treatment | 3 | | or care to make me comfortable and to relieve me of pain. | 4 | | .... Staying alive is more important to me, no matter how | 5 | | sick I am, how much I am suffering, the cost of the | 6 | | procedures, or how unlikely my chances for recovery are. I | 7 | | want my life to be prolonged to the greatest extent | 8 | | possible in accordance with reasonable medical standards. | 9 | | SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY: | 10 | | The above grant of power is intended to be as broad as | 11 | | possible so that your agent will have the authority to make any | 12 | | decision you could make to obtain or terminate any type of | 13 | | health care. If you wish to limit the scope of your agent's | 14 | | powers or prescribe special rules or limit the power to | 15 | | authorize autopsy or dispose of remains, you may do so | 16 | | specifically in this form. | 17 | | .................................. | 18 | | .............................. | 19 | | My signature: .................. | 20 | | Today's date: ................................................ | 21 | | DELAYED REVOCATION | 22 | | .... I elect to delay revocation of this power of attorney | 23 | | for 30 days after I communicate my intent to revoke it. |
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| 1 | | .... I elect for the revocation of this power of attorney | 2 | | to take effect immediately if I communicate my intent to | 3 | | revoke it. | 4 | | HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN | 5 | | COMPLETE THE SIGNATURE PORTION: | 6 | | I am at least 18 years old. (check one of the options | 7 | | below): | 8 | | .... I saw the principal sign this document, or | 9 | | .... the principal told me that the signature or mark on | 10 | | the principal signature line is his or hers. | 11 | | I am not the agent or successor agent(s) named in this | 12 | | document. I am not related to the principal, the agent, or the | 13 | | successor agent(s) by blood, marriage, or adoption. I am not | 14 | | the principal's physician, advanced practice registered nurse, | 15 | | dentist, podiatric physician, optometrist, psychologist, or a | 16 | | relative of one of those individuals. I am not an owner or | 17 | | operator (or the relative of an owner or operator) of the | 18 | | health care facility where the principal is a patient or | 19 | | resident. | 20 | | Witness printed name: ............ | 21 | | Witness address: .............. | 22 | | Witness signature: ............... | 23 | | Today's date: ................................................
| 24 | | (c) The statutory short form power of attorney for health |
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| 1 | | care (the
"statutory health care power") authorizes the agent | 2 | | to make any and all
health care decisions on behalf of the | 3 | | principal which the principal could
make if present and under | 4 | | no disability, subject to any limitations on the
granted | 5 | | powers that appear on the face of the form, to be exercised in | 6 | | such
manner as the agent deems consistent with the intent and | 7 | | desires of the
principal. The agent will be under no duty to | 8 | | exercise granted powers or
to assume control of or | 9 | | responsibility for the principal's health care;
but when | 10 | | granted powers are exercised, the agent will be required to | 11 | | use
due care to act for the benefit of the principal in | 12 | | accordance with the
terms of the statutory health care power | 13 | | and will be liable
for negligent exercise. The agent may act in | 14 | | person or through others
reasonably employed by the agent for | 15 | | that purpose
but may not delegate authority to make health | 16 | | care decisions. The agent
may sign and deliver all | 17 | | instruments, negotiate and enter into all
agreements , and do | 18 | | all other acts reasonably necessary to implement the
exercise | 19 | | of the powers granted to the agent. Without limiting the
| 20 | | generality of the foregoing, the statutory health care power | 21 | | shall include
the following powers, subject to any limitations | 22 | | appearing on the face of the form:
| 23 | | (1) The agent is authorized to give consent to and | 24 | | authorize or refuse,
or to withhold or withdraw consent | 25 | | to, any and all types of medical care,
treatment , or | 26 | | procedures relating to the physical or mental health of |
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| 1 | | the
principal, including any medication program, surgical | 2 | | procedures,
life-sustaining treatment , or provision of | 3 | | food and fluids for the principal.
| 4 | | (2) The agent is authorized to admit the principal to | 5 | | or discharge the
principal from any and all types of | 6 | | hospitals, institutions, homes,
residential or nursing | 7 | | facilities, treatment centers , and other health care
| 8 | | institutions providing personal care or treatment for any | 9 | | type of physical
or mental condition. The agent shall have | 10 | | the same right to visit the
principal in the hospital or | 11 | | other institution as is granted to a spouse or
adult child | 12 | | of the principal, any rule of the institution to the | 13 | | contrary
notwithstanding.
| 14 | | (3) The agent is authorized to contract for any and | 15 | | all types of health
care services and facilities in the | 16 | | name of and on behalf of the principal
and to bind the | 17 | | principal to pay for all such services and facilities,
and | 18 | | to have and exercise those powers over the principal's | 19 | | property as are
authorized under the statutory property | 20 | | power, to the extent the agent
deems necessary to pay | 21 | | health care costs; and
the agent shall not be personally | 22 | | liable for any services or care contracted
for on behalf | 23 | | of the principal.
| 24 | | (4) At the principal's expense and subject to | 25 | | reasonable rules of the
health care provider to prevent | 26 | | disruption of the principal's health care,
the agent shall |
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| 1 | | have the same right the principal has to examine and copy
| 2 | | and consent to disclosure of all the principal's medical | 3 | | records that the agent deems
relevant to the exercise of | 4 | | the agent's powers, whether the records
relate to mental | 5 | | health or any other medical condition and whether they are | 6 | | in
the possession of or maintained by any physician, | 7 | | psychiatrist,
psychologist, therapist, hospital, nursing | 8 | | home , or other health care
provider. The authority under | 9 | | this paragraph (4) applies to any information governed by | 10 | | the Health Insurance Portability and Accountability Act of | 11 | | 1996 ("HIPAA") and regulations thereunder. The agent | 12 | | serves as the principal's personal representative, as that | 13 | | term is defined under HIPAA and regulations thereunder.
| 14 | | (5) The agent is authorized: to direct that an autopsy | 15 | | be made pursuant
to Section 2 of the Autopsy Act;
to make a | 16 | | disposition of any
part or all of the principal's body | 17 | | pursuant to the Illinois Anatomical Gift
Act, as now or | 18 | | hereafter amended; and to direct the disposition of the
| 19 | | principal's remains. | 20 | | (6) At any time during which there is no executor or | 21 | | administrator appointed for the principal's estate, the | 22 | | agent is authorized to continue to pursue an application | 23 | | or appeal for government benefits if those benefits were | 24 | | applied for during the life of the principal.
| 25 | | (d) A physician may determine that the principal is unable | 26 | | to make health care decisions for himself or herself only if |
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| 1 | | the principal lacks decisional capacity, as that term is | 2 | | defined in Section 10 of the Health Care Surrogate Act. | 3 | | (e) If the principal names the agent as a guardian on the | 4 | | statutory short form, and if a court decides that the | 5 | | appointment of a guardian will serve the principal's best | 6 | | interests and welfare, the court shall appoint the agent to | 7 | | serve without bond or security. | 8 | | (f) If the agent presents the statutory short form | 9 | | electronically, an attending physician, emergency medical | 10 | | services personnel as defined by Section 3.5 of the Emergency | 11 | | Medical Services (EMS) Systems Act, or health care provider | 12 | | shall not refuse to give effect to a health care agency if the | 13 | | agent presents an electronic device displaying an electronic | 14 | | copy of an executed form as proof of the health care agency. | 15 | | Any person or entity that provides a statutory short form to | 16 | | the public shall post for a period of 2 years information on | 17 | | its website regarding the changes made by this amendatory Act | 18 | | of the 102nd General Assembly. | 19 | | (Source: P.A. 101-81, eff. 7-12-19; 101-163, eff. 1-1-20; | 20 | | 102-38, eff. 6-25-21; 102-181, eff. 7-30-21; revised | 21 | | 9-22-21.)".
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