Amendments to Illinois Power of Attorney Act
Dennis E. Merkley
Public Act 96-1195 is an overhaul of the Illinois Power of Attorney Act. PA 96-1195 is effective as of July 1, 2011. The amendment changes the statutory short form power of attorney for both property and health care. The amendment’s goals are to make the statutory short forms more user-friendly and to afford additional protection to the principal from financial or physical abuse. The amendment will have little effect on hospitals and health care providers operations or policies, but the changes are worth noting.
The amendment limits who may act as a witness to the execution of a power of attorney. This change was made to avoid conflicts of interest. Witnesses for health care agencies may not be “the attending physician or mental health care service provider of the principal, or a relative of the physician provider; an owner, operator, or relative of an owner or operator of a health care facility in which the principal is a patient or resident; a parent, sibling, or descendent, or the spouse of a parent, sibling, or descendent, of either the principal or any agent or successor agent, regardless of whether the relationship is by blood, marriage, or adoption; an agent or successor agent for health care.” 755 ILCS 45/4-5.1 effective July 1, 2011.
The agent in a health care power of attorney will have the right to serve as the principal’s personal representative, for HIPAA purposes, to access the principal’s health information. The agent will have this authority as soon as the principal signs the health care power of attorney. A health care power of attorney supersedes any prior agreement of the principal with healthcare providers regarding access to or disclosure of medical information. The agent’s HIPAA authority expires only if the principal revokes the authority in writing and delivers it to the principal’s health care provider. 755 ILCS 45/4-10(b) effective July 1, 2011.
The amendment allows the principal to decline to grant authority to make anatomical gifts. Also, the amendment changes the statutory short form power of attorney to be in substantial compliance with section 10 of the Disposition of Remains Act. 755 ILCS 45/4-10(b) effective July 1, 2011.
The amendment eliminates the use of the outdated term “irreversible coma.” Instead, the amendment uses the terms incurable or irreversible condition, permanent unconsciousness and terminal condition. This change adopts the more medically accepted definitions that are also used in the Health Care Surrogate Act. 755 ILCS 45/4-4(f)-(h) effective July 1, 2011.
The amendment also clarifies that the principal may direct that his or her life be prolonged to the greatest extent possible in accordance with reasonable medical standards and without regard to the principal’s condition, the chances that he or she may recover or the cost of the procedures. 755 ILCS 45/4-10(b) effective July 1, 2011.