who is default power of attorney for medical decisions illinois

What is a power of attorney in Illinois?

This power of attorney is an authorization of a trusted agent to make the medical decisions on behalf of an individual who lacks the capacity to in a medical emergency. By default, these powers of attorneys are durable, as it is effective as soon as the principal is not mentally or physically competent to communication their decisions.

What is a health care power of attorney?

Feb 19, 2021 · No, Illinois law prohibits you from appointing your physician your medical power of attorney. Generally, most individuals who own, operate, or work for a health care establishment cannot be selected as a medical power of attorney, regardless of their relationship to you. If you’re unsure, speak with your attorney.

Do I need a power of attorney or living will declaration?

If you do not have a power of attorney for health care, and you are unable to make decisions for yourself, your family and your doctors may make certain health care decisions for you. The doctor must ask your family and friends about what to do, in the following order: Guardian, Spouse, Adult children, Parents, Adult Siblings, Adult Grandchildren,

Can I appoint a health care surrogate in Illinois?

What happens if you don't have a power of attorney?

If you do not have a power of attorney for health care, your family and your doctors will make health care decisions for you. The doctor must ask your family and friends about what to do, in the following order: You might disagree with the decision your family makes. Or, your family members may not be able to agree on how to handle your medical ...

What is a POA?

A power of attorney (POA) for health care is a form that lets you choose a person to make health care decisions for you. The person you choose will then be able to make health care decisions for…. More on Setting up a power of attorney for healthcare.

What is the purpose of the 755 ILCS 45/4-1?

755 ILCS 45/4-1: Purpose.#N#The General Assembly recognizes 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or her personal care and medical treatment , including the right to decline medical treatment or to direct that it be withdrawn, even if death ensues. The right of the individual to decide about personal care overrides the obligation of the physician and other health care providers to render care or to preserve life and health. However, 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 to the same extent as though made by the principal.

What is the right of the individual to decide about personal care?

The right of the individual to decide about personal care overrides the obligation of the physician and other health care providers to render care or to preserve life and health. However, if the individual becomes disabled, her or his right to control treatment may be denied unless the individual, as principal, ...

What is the ability to understand and appreciate the nature and consequences of a decision regarding medical treatment?

The term "decisional capacity" means the ability to understand and appreciate the nature and consequences of a decision regarding medical treatment or forgoing life-sustaining medical treatment and the ability to reach and communicate an informed decision in the matter as determined by the attending physician.

What is a surrogate decision maker?

A surrogate decision maker may make medical treatment decisions if the following conditions are met: The patient must have no valid Health Care Power of Attorney, Living Will Declaration, or Mental Health Treatment Preference Declaration in place, or one is in place but it does not apply to the patient's condition or it is invalid for some reason;

What is a surrogate act?

The Health Care Surrogate Act is for cases where a person is unable to make his or her own health care decisions and does not have a Health Care Power of Attorney, Living Will Declaration, or Mental Health Treatment Preference Declaration authorizing others to make these decisions.