(Living Wills, Physician’s Directive, Advance Directive, Power of Attorney)
“if the individual becomes disabled, her or his right to control treatment may be denied unless the individual, as principal, can delegate the decision making power to a trusted agent and be sure that the agent's power to make personal and health care decisions for the principal will be effective...” (755 ILCS 45/4 1)
A Durable Power of Attorney for Health Care is the preferred document to have when someone is seeking to have their wishes carried out regarding life saving medicine. In, Illinois, this instrument is a very broad tool to have at your disposal. It allows you to appoint an Agent (whom you trust) to act on your behalf, for the purpose of making healthcare decisions for you should you be unable to do so for yourself. It is the right of the individual to control all aspects of his or her personal care and medical treatment, including the right to decline medical treatment or to direct that it be withdrawn, even if death ensues. This can mean anything from admitting you to a long-term care facility or ceasing life saving care that is sustaining you while you have a terminal illness. The device itself can even express some of your wishes concerning life sustaining treatment.
Many people are familiar with the term “Living Will.” In, Illinois, this is an older device that was created to tell your physician or an agent you appoint to withdraw life sustaining treatments if you have a terminal illness. However, this device is limited to certain specific incurable and irreversible conditions. Not all medical situations that may lead to a very low quality of life are covered under the law that created this device. Thus, it is usually not as desirable as the Durable Power of Attorney for Health Care.
There are also other labels and devices that are either confused with the Durable Power of Health Care or are not as effective, such as Physician’s Directive, Advance Directive, and a Power of Attorney.
A regular Power of Attorney is good to appoint an agent to manage your property and financial affairs, but it usually does not address your health care.
© 2006 Prendergast & DelPrincipe
All writing on this website is provided for generic informational purposes and should not be construed as legal advice of any nature. An attorney or other appropriate professional should always be consulted before making decisions that may affect ones personal, legal, or financial status. |
