Don't wait for the unexpected to sign power of attorney
No matter what your age or current health, you should be prepared for an unexpected, life-threatening tragedy.
If you were severely injured in a car accident, for example, would you prefer to be kept alive by feeding tubes, respirators or other means of modern technology, even though you never regain consciousness? Or would you prefer to have the tubes disconnected?
Ideally, those decisions are made well in advance by signing a health care power of attorney and living will.
With a power of attorney for health care, you name a person whom you trust to make health care decisions for you. The law calls this person your "agent." You should make certain your agent is aware of your wishes concerning future health care and that they are willing to continue or stop your medical treatment in accordance with your wishes.
You can grant your agent as much power as you want. For example, you may want to tell your agent to do everything possible to keep you alive or to take into consideration any treatment that would limit your pain and suffering.
In order to name an agent properly, you may use a form called a Short Form Power of Attorney for Health Care. You can obtain the form from your lawyer or a doctor. The statutory forms are also posted on the Illinois Department of Public Health Web site. Some of the information is available in both English and Spanish.
The law does not require you to use the short form. Instead you may write your own power of attorney for health care provided it 1) names the person who will serve as your agent; 2) describes the power you grant your agent; and 3) is signed and dated while you are still able to make decisions for yourself.
You may also change your agent or any section of your power of attorney for health care by identifying the change in writing, then signing and dating it. You can also cancel it at any time in a number of ways, including tearing it in half or drawing an "X" across it.
You should make certain that your agent and doctor have an updated copy of your power of attorney for health care and that they understand your wishes.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.