Illinois Power of Attorney for Health Care

In Illinois, power of attorney for health care is called an Illinois Power of Attorney for Health Care and it enables the person of your choice to make healthcare decisions for you should you become incapacitated.

Power of attorney in Illinois allows you to decide which healthcare choices your representative (or agent) is allowed to make for you. You may allow your agent to make all your decisions for you, or you may specify which procedures or treatments you wish to be carried out.

Requirements

Your Illinois Power of Attorney for Health Care form must be signed by you and two witnesses. If you are unable to sign, a witness may sign for you if you are present and the witness has your permission. One of the witnesses must be someone other than your spouse or a blood relative. Your agent also may not be a witness.

Your agent must be an adult, 18 years or older. You may not name any of your health care providers as an agent, unless the person is related to you.

When Your Illinois Power of Attorney for Health Care Goes Into Effect

The Power of Attorney for Health Care will go into effect if and when your physician determines that you will not be able to make decisions about your health care. A second physician must come to the same conclusion.

The Importance of Making Your Wishes Known

Your Illinois Power of Attorney for Health Care authorizes your agent to make all decisions regarding your health care in accordance with your wishes and within the bounds of the law. If you have specific instructions for your agent, you may put them in writing to assure they are carried out to your specifications.

Treatments and Procedures

If you do not limit the health care decisions your agent can make for you, your agent will have the authority to make choices for you on matters such as:

• Any procedures, treatments, and/or medications that are performed, including specific approval of any tests performed or whether or not to use life-support equipment
• Selecting the doctors that treat you as well as discharging any doctor that is treating you
• Deciding whether or not you will be resuscitated in the event you stop breathing or your heart stops

Filing the Illinois Power of Attorney for Health Care Form

The state of Illinois provides a statutory short form online for power of attorney for health care. If you have additional questions about the specific details of making your power of attorney decision and designating an agent, talk to an experienced Illinois estate planning lawyer today.

Case Studies: Utilizing Illinois Power of Attorney for Health Care

Case Study 1: Medical Insurance Coverage and Treatment Decisions

In this case, an individual in Illinois has designated a power of attorney for health care to make medical decisions on their behalf if they become incapacitated. The designated agent has the authority to make choices regarding medical treatments and procedures, including decisions related to insurance coverage.

If a specific treatment or procedure is not covered by the individual’s insurance, the agent can consider alternative options that are covered or work with the insurance provider to explore potential exceptions. The power of attorney for health care ensures that the individual’s medical insurance is utilized effectively to provide the necessary care while taking into account any coverage limitations.

Case Study 2: Long-Term Care Insurance and Facility Placement

If an individual requires long-term care, such as moving to a nursing home or assisted living facility, the power of attorney for health care can play a crucial role. The agent can work with the individual’s long-term care insurance provider to understand the coverage and benefits available.

They can coordinate with the insurance company to determine the best options for facility placement, taking into consideration the individual’s preferences, medical needs, and coverage limitations. The agent can also handle any necessary paperwork or communication with the insurance company to ensure a smooth process for accessing the benefits and services provided by the long-term care insurance policy.

Case Study 3: Medical Expense Management and Insurance Claims

When an individual is incapacitated and unable to manage their own medical expenses, the agent designated in the power of attorney for health care can handle the financial aspects of healthcare. This includes managing medical insurance claims and coordinating with the insurance company to ensure timely payment of bills.

The agent can review medical bills, verify insurance coverage, and submit claims on behalf of the individual. They can also address any discrepancies or denials from the insurance company, advocating for the individual’s rights and ensuring that their medical expenses are properly covered.