What is a Medical Power Attorney?

A medical power of attorney (MPOA) is a document that allows an individual (the principal) to appoint another person (the agent) to make decisions on medical treatments on their behalf if they (the principal) are incapacitated and unable to make such decisions. The Illinois Power of Attorney Act recognizes the right of adults to accept or reject medical treatments even at the point of death.

Typically, an Illinois medical power of attorney grants the agent the authority to make medical decisions on behalf of the principal based on what is outlined by the power of attorney document.

In Illinois, depending on the powers granted in the medical power of attorney documents, the agent has the authority to:

• Consent to or refuse specific medical treatments on the principal
• Communicate with healthcare professionals to determine the best treatments for the principal
• Access medical records and other information related to the treatment of the principal
• Make decisions consistent with the wishes of the principal
• Act in the principal's best interest.

In addition, if the medical power of attorney document does not state the principal’s treatment preferences, the agent can make decisions on behalf of the principal. The following steps may help individuals interested in creating a medical power of attorney document in Illinois:

• Understand state laws and know the specific requirements for creating a Medical Power of Attorney in Illinois.
• Select a trusted individual as an agent. A medical power of attorney agent must understand the principal's wishes, preferences, and healthcare values and be ready to execute the instructions in the power of attorney document when needed.
• Visit the Illinois Department of Health website, download a power of attorney for healthcare form, and complete it according to the instructions.
• Sign the completed medical power of attorney form in the presence of a notary public or two adult witnesses who are not agents or alternative agents (the law requires this).
• Make copies of the completed power of attorney form, keep one in a safe location, and distribute the rest to the agent, the alternative agents (if there are any), and the healthcare provider.
• Review and update the power of attorney document regularly to reflect the prevailing health and life circumstances.

Also, having advanced directives or a Living Will in addition to MPOA may be a good healthcare decision.

Why Would You Need a Medical Power of Attorney in Illinois?

There are benefits to having a medical power of attorney and potential risks of not having one in Illinois. The list below shows the benefits of medical power of attorney and the risks of not having one:

Benefits of having an Illinois medical power of attorney

A medical power of attorney:

• Ensure that the wishes of the principals prevail when they are incapable of making decisions due to illness or accidents
• Allows the principals to choose individuals who they trust to make critical healthcare decisions on their behalf
• Prevent disputes among family members who may have suggestions on what decisions are right or wrong
• Assures Peace of mind knowing that medical decisions will be taken care of when the principal is not capable of making them
• Ensures that important medical decisions are made on time by avoiding any dispute among family members that may delay decision-making.

Potential risks of not having a medical power of attorney in Illinois

Not having a medical power of attorney in Illinois can lead to:

• Lack of control over healthcare decisions if a person becomes incapable of making life-saving decisions at critical times
• Family disputes over decisions on healthcare for the incapacitated
• Court intervention in medical decisions that may not align with the wishes of the individual
• Delays in treatment due to time loss trying to get approval on healthcare decisions
• Wrong treatment that may not be the wish of the patient
• Stress and anxiety on loved ones who may be trying to arrive at a decision.

Examples of situations in Illinois where a medical power of attorney can be useful

An Illinois medical power of attorney can be helpful if an individual is:

• Diagnosed with a terminal illness
• Involved in a sudden life-threatening accident or has injuries that could turn fatal if not treated on time
• Diagnosed with a progressive cognitive condition
• In a coma or unconscious due to illness or injury
• Incapacitated and require complex medical procedures.

When Does a Medical POA Take Effect in Illinois?

A medical power of attorney may not take effect immediately after it is created. Typically, in Illinois and other parts of the United States, MPOA becomes effective if the principal is incapacitated and incapable of making medical decisions. However, the principal can state when, where, and under what conditions a medical power of attorney becomes effective.

A medical power of attorney in Illinois must comply with the legal requirements. For MPOA to be valid in Illinois, the principal must:

• Be 18 years or older
• Have the capacity to understand the consequences of creating a medical power of attorney and executing the document.
• Sign the document in the presence of two adult witnesses or notarize it in public.
• Designate authority to the agent to make decisions when the need arises
• Indicate the date the document will become effective
• State for how long the medical power of attorney will be in effect.

Also, the agent must be 18 years or older and must not be someone who provides healthcare services to the principal. In addition, the duties, limitations, and immunities must be outlined in the power of attorney document.

Note: A principal can amend or revoke a medical power of attorney.

The following factors can affect the duration of an Illinois medical power of attorney:

• The principal's specific instructions on when and how the document becomes effective
• The conditions for terminating or revoking the MPOA. For instance, death of the principal or agent, revocation of the document by the principal, or if the conditions for termination are fulfilled
• How long the principal is incapacitated
• The principal's preferences, instructions, and specific circumstances
• The principal's health condition or living situation
• Reviews and updates on the power of attorney document.

To specify the timeframe for a medical power of attorney:

• State in clear and precise language when the document becomes effective
• Indicate what event will trigger the execution of the medical power of attorney. For instance, if the power of attorney is to become effective upon the principal's incapacitation, the document should clearly define what constitutes incapacity.
• Determine the length of time the power of attorney will be active
• Specify the conditions that will trigger the termination of the power of attorney.

How to Get Medical Power of Attorney in Illinois

To create a medical power of attorney in Illinois, the following legal conditions apply:

• The principal must be 18 years or older and a resident of Illinois
• The principal must show a sound mental capacity to create a medical power of attorney
• The medical power of attorney document must be written in the handwriting of the principal
• The principal must sign the document in the presence of the witness
• The agent and witnesses must be 18 years or older and must not be the principal's healthcare provider
• The agent and witnesses must sign the MPOA document
• An agent or witness cannot have a financial interest in the principal's estate
• An Illinois medical power of attorney must specify the powers and limits of the agent.

The fee for creating a medical power of attorney in Illinois depends on several factors. The following are potential fees to create a medical power of attorney in Illinois:

• Attorney fees
• Notary fees
• Recording fees (if there is a need to record the MPOA document at the county clerk's office for safekeeping)
• Document preparation fees if the medical power of attorney is prepared by engaging the services of a professional agency
• Miscellaneous expenses such as transportation costs or copy fees.

Several resources are available to create a medical power of attorney in Illinois. These include and are not limited to online legal services, legal aid organizations, and senior services organizations.

How to Write a Medical Power of Attorney in Illinois -

The following tips outline an effective way to properly execute and record a medical power of attorney in Illinois:

• Use unambiguous language to specify the terms of a power of attorney. Indicate when the MPOA becomes effective.
• If the power of attorney is to become effective when the principal becomes incapacitated, the document should state what constitutes incapacitation or how it is determined.
• Explicitly specify if it is a durable medical power of attorney (that is, will it still be effective if the principal is incapacitated)
• State the conditions that will terminate the power of attorney. For instance, the principal's death or recovery, the death of the agent or witness, or the revocation of the document
• State the duties, limitations, and immunity of the agent
• Have a legal professional review the document to ensure it complies with Illinois State laws
• Make copies of the healthcare power of attorney document, send the original to the agent, and the others to a lawyer, family members, and friends who will act in the best interest when the need arise
• To guard against loss or destruction, record the MPOA at the county clerk recorder's office.

To complete a medical power of attorney accurately and effectively:

• Determine the healthcare decisions that the document will delegate to the agent
• Specify the extent and limits of the power the medical power of attorney confers on the agent
• Choose an agent who is loyal and capable of making the right decisions when the need arises
• In the contact information of the agent
• Follow Illinois legal requirements for choosing a witness
• Although it is not required by law, notarize the medical power of attorney for authenticity.

An Illinois healthcare power of attorney must include the principal's information, agent designation, extent and limits of the agent's authority, agent's acceptance, witness, effective date, and duration. Also, certain information may be optional but equally important. The table below outlines the required and optional fields when creating a medical power of attorney in Illinois:

How Often Must I Update My Medical Power of Attorney in Illinois?

There are no legal requirements for updating an Illinois medical power of attorney. However, it is advisable to regularly review and update medical power of attorney to reflect the prevailing circumstances. The following factors may necessitate the review of an existing medical power of attorney document:

• Change in the health status of the principal
• Updates in Illinois laws governing medical power of attorney
• Relocation of the principal. For instance, moving Illinois to another state may trigger an update to reflect the laws governing MPOA in the new state.
• Change in the preference of the principal.
• Availability and capability of the agent to carry the wishes of the principal
• Change in personal or family circumstances.

To ensure the validity of an Illinois medical power of attorney, it must be up-to-date and reflect the prevailing circumstances. For instance, a change in the Illinois Healthcare Power of Attorney Act must be reflected in the power of attorney document.

The list below are recommendations for a regular review of a medical power of attorney document:

• Schedule a yearly regular review or whenever there is a significant life event. For instance, review the document when there is a birth, marriage, divorce, or change in health status
• Review the contact information of the agent or relevant parties to reflect any current updates
• Review agent designation and update it if there is any reason to do so
• Review the scope of authority or the agent to reflect current preferences
• Keep a record of updates and revisions, including dates and changes to the document.

Do I Need a Lawyer to Create a Medical Power of Attorney in Illinois?

While it is not mandatory to engage the services of a lawyer to create an Illinois medical power of attorney, using one offers many benefits. An Illinois-licensed legal professional can provide legal expertise, avoid mistakes, and customize MPOA to meet unique needs and preferences.

Who Should be selected as the Agent for this type of PofA?

A medical power of attorney agent should be:

• Trustworthy and capable of carrying out the wishes of the principal
• Available to make decisions when the need arises
• Have effective communication skills to pass information to the healthcare providers and family members
• The candidate must be able to handle stress, be calm and level-headed, and make difficult decisions in the principal's best interest.
• Respect the autonomy of the principal and be willing to follow instructions.

Also, an understanding of how the healthcare system works is an advantage. To qualify to be a medical power of attorney agent, an individual must:

• Be 18 years or older, not a Medicare provider to the principal, and
• Be of sound mental health and understand the duties of a medical power of attorney agent
• There must not be a conflict of interest. For example, the agent must not stand to gain financially or otherwise from decisions made as an agent.
• Be available when the situation demands it.
• Have good communication skills to pass information on to healthcare professionals and family members.

Trust and communication between the agent and principal are important in a medical power of attorney. Having trust and good communication:

• Lay a foundation for the agent to honor the wishes of the principal
• Encourage the agent to advocate for the principal healthcare preferences
• It makes it easier for an agent to make critical, complex, and challenging decisions When there is the need to do so
• Ensures peace of mind for the principal, knowing that the agent will make the right decisions when called to do so.

Who Can Be an Agent in Illinois?

To be a medical power of attorney agent in Illinois, an individual must:

• Be 18 years or older
• Have no financial or any other rewards from making decisions on behalf of the principal.
• Not be the principal's healthcare provider
• Consent to serve as agent
• Must be available when the situation demands it
• Must understand the principal's choices and agree to carry them out.

The Illinois Healthcare Power of Attorney Act excludes individuals from being medical power of attorney agents:

• Minors
• Persons with conflict of interest
• Employees of healthcare facilities
• Healthcare providers.

For several reasons, selecting a trustworthy and capable agent for a medical power of attorney is crucial. A trustworthy and capable agent will:

• Honor the wishes of the principal
• Act in the principal's best interest
• Will advocate for the principal's healthcare needs
• Communicate effectively with the principal's healthcare providers
• Make the correct calls in emergencies
• Be capable of making any difficult and complex decision outlined in the MPOA document.

Can there be More than One Agent?

Yes, there can be more than one medical power of attorney agent. Per the Illinois Healthcare Power of Attorney Act, a principal can have multiple agents. The official Illinois healthcare power of attorney forms provide for two successor agents.

To have multiple agents for a medical power of attorney:

• The healthcare power of attorney document must authorize more than one agent
• The MPOA must specify if the agents are to work jointly, separately, or by majority votes
• There should be effective communication between the agents to ensure that decisions are made on time
• A power of attorney must specify an alternative decision-making process if the agents cannot reach a consensus decision.

Having more than one agent for Illinois medical power of attorney has advantages and disadvantages. The table outlines the pros and cons of multiple agents for a medical power of attorney.

The following tips may help specify the roles and responsibilities of multiple medical power of attorney agents:

• Clearly define the decision-making authority. For instance, outline the scope of authority of each agent
• Assign duties to the agents based on their areas of expertise and availability
• Establish a clear decision-making process. Decide if decisions will be by team effort, separately, or by unanimous votes
• Outline a clear communication protocol between the agents to ensure easy contact when the needs arise.

What Decision-Making power does the Medical Power of Attorney grant the agent?

A medical power of attorney grants the agent the power to make healthcare decisions on behalf of the principal if the principal is incapacitated and unable to make such decisions. In Illinois, depending on the instructions in the MPOA, an agent may have the power to:

• Give consent to medical treatments
• Choose healthcare providers on behalf of the principal
• Have discussions on end-of-life care (including decisions on hospice, life-sustaining treatments, and palliative care)
• Access the principal's medical records.

However, there are limitations to the authority of the agent. These may vary depending on the instructions in the MPOA document. Typically, the agent:

• Must not exercise powers beyond those specified by the principal
• Must stick to the preferences of the principal (if outlined in the MPOA)
• Is subject to the conditions in the document
• An agent must not have conflicts of interest that may influence decision-making. For example, an agent must not make decisions that will financially benefit members of the principal's family.

The agent must understand the extent of the decision-making power and responsibilities in an MPOA document. To specify the extent of an agent's decision-making power:

• Be specific about the types of decisions the agent will make
• Include examples of the kinds of decisions the agent may need to make
• Clearly define the limits of the agent's powers
• Anticipate future healthcare needs and decide whether the authority may extend beyond the stated period
• Review Illinois legal requirements to ensure the authority vested in the agent complies with the laws.

Can the Medical Power of Attorney be Revoked in Illinois?

Yes, a principal can revoke an Illinois medical power of attorney. To revoke a medical power of attorney legally in Illinois, the principal must adhere to the following rules to make it valid:

• Explicitly declare the intent to cancel the MPOA either in writing or orally
• Communicate the revocation unambiguously to all relevant parties involved in creating the medical power of attorney.
• If the revocation is by writing, declare the intent to revoke the document and reference it by date and title
• The revocation document must be signed and dated by the principal (or an individual authorized by the principal to do so) in the presence of witnesses.
• Send copies of the revocation document to the agent and other relevant parties involved in creating the medical power of attorney.

It is important to revoke an Illinois medical power of attorney properly to:

• Ensure that the agent's authority is no longer valid
• Reflect the new healthcare preferences of the principal
• For legal clarity and avoidance of unintended consequences
• To transfer the right to make personal healthcare decisions back to the principal.

How Do I Revoke a Power of Attorney in Illinois?

To legally revoke a medical power of attorney in Illinois, the following tips may be helpful:

• Confirm the intent to revoke to the relevant parties either verbally or in writing
• Execute the revocation document by referencing the MPOA document
• Sign and date the revocation document in the presence of witnesses or authorize someone else to do so if incapable.
• Review the revocation document to ensure it complies with Illinois laws.
• Notify the agent and other relevant parties of the medical power of attorney revocation and deliver copies of the revocation document to them.
• Keep the revocation document in a safe location or file it with the county clerk's office for public awareness and added protection.