Create proper documentation to prepare for the unexpected
The debate over the brain-damaged Florida woman, whose life-sustaining feeding tube was removed, has drawn considerable attention to a subject that most people would rather avoid: the importance of having health care powers of attorney and living wills.
If the woman had signed these documents, both sides in the case - her husband and her parents - would have avoided the debate over what they thought she wanted.
The lesson is simple. Now, while you are able, is the time to decide what kind of health care you will want if you are ever unable to make life and death decisions. No matter what your age or current health, you should be prepared for a personal tragedy to strike. You could be severely injured in a car accident, for example, and be kept alive by feeding tubes, respirators or other means of modern technology, even though you never regain consciousness.
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.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.