Bill Amendment: IL SB0159 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: POWER OF ATTORNEY ACT-VARIOUS

Status: 2015-08-10 - Public Act . . . . . . . . . 99-0328 [SB0159 Detail]

Download: Illinois-2015-SB0159-House_Amendment_001.html

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Rep. Ann Williams

Filed: 5/5/2015

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AMENDMENT TO SENATE BILL 159
AMENDMENT NO. ______. Amend Senate Bill 159 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Power of Attorney Act is amended
by changing Sections 4-5.1, 4-10, and 4-12 as follows:
(755 ILCS 45/4-5.1)
Sec. 4-5.1. Limitations on who may witness health care
agencies.
(a) Every health care agency shall bear the signature of a
witness to the signing of the agency. No witness may be under
18 years of age. None of the following licensed professionals
providing services to the principal may serve as a witness to
the signing of a health care agency:
(1) the attending physician, advanced practice nurse,
physician assistant, dentist, podiatric physician,
optometrist, or psychologist mental health service

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provider of the principal, or a relative of the physician,
advanced practice nurse, physician assistant, dentist,
podiatric physician, optometrist, or psychologist mental
health service provider;
(2) an owner, operator, or relative of an owner or
operator of a health care facility in which the principal
is a patient or resident;
(3) a parent, sibling, or descendant, or the spouse of
a parent, sibling, or descendant, of either the principal
or any agent or successor agent, regardless of whether the
relationship is by blood, marriage, or adoption;
(4) an agent or successor agent for health care.
(b) The prohibition on the operator of a health care
facility from serving as a witness shall extend to directors
and executive officers of an operator that is a corporate
entity but not other employees of the operator such as, but not
limited to, non-owner chaplains or social workers, nurses, and
other employees.
(Source: P.A. 98-1113, eff. 1-1-15.)
(755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
Sec. 4-10. Statutory short form power of attorney for
health care.
(a) The form prescribed in this Section (sometimes also
referred to in this Act as the "statutory health care power")
may be used to grant an agent powers with respect to the

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principal's own health care; but the statutory health care
power is not intended to be exclusive nor to cover delegation
of a parent's power to control the health care of a minor
child, and no provision of this Article shall be construed to
invalidate or bar use by the principal of any other or
different form of power of attorney for health care.
Nonstatutory health care powers must be executed by the
principal, designate the agent and the agent's powers, and
comply with the limitations in Section 4-5 of this Article, but
they need not be witnessed or conform in any other respect to
the statutory health care power.
No specific format is required for the statutory health
care power of attorney other than the notice must precede the
form. The statutory health care power may be included in or
combined with any other form of power of attorney governing
property or other matters.
(b) The Illinois Statutory Short Form Power of Attorney for
Health Care shall be substantially as follows:
NOTICE TO THE INDIVIDUAL SIGNING
THE POWER OF ATTORNEY FOR HEALTH CARE
No one can predict when a serious illness or accident might
occur. When it does, you may need someone else to speak or make
health care decisions for you. If you plan now, you can
increase the chances that the medical treatment you get will be
the treatment you want.

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In Illinois, you can choose someone to be your "health care
agent". Your agent is the person you trust to make health care
decisions for you if you are unable or do not want to make them
yourself. These decisions should be based on your personal
values and wishes.
It is important to put your choice of agent in writing. The
written form is often called an "advance directive". You may
use this form or another form, as long as it meets the legal
requirements of Illinois. There are many written and on-line
resources to guide you and your loved ones in having a
conversation about these issues. You may find it helpful to
look at these resources while thinking about and discussing
your advance directive.
WHAT ARE THE THINGS I WANT MY
HEALTH CARE AGENT TO KNOW?
The selection of your agent should be considered carefully,
as your agent will have the ultimate decision making authority
once this document goes into effect, in most instances after
you are no longer able to make your own decisions. While the
goal is for your agent to make decisions in keeping with your
preferences and in the majority of circumstances that is what
happens, please know that the law does allow your agent to make
decisions to direct or refuse health care interventions or
withdraw treatment. Your agent will need to think about
conversations you have had, your personality, and how you

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handled important health care issues in the past. Therefore, it
is important to talk with your agent and your family about such
things as:
(i) What is most important to you in your life?
(ii) How important is it to you to avoid pain and
suffering?
(iii) If you had to choose, is it more important to you
to live as long as possible, or to avoid prolonged
suffering or disability?
(iv) Would you rather be at home or in a hospital for
the last days or weeks of your life?
(v) Do you have religious, spiritual, or cultural
beliefs that you want your agent and others to consider?
(vi) Do you wish to make a significant contribution to
medical science after your death through organ or whole
body donation?
(vii) Do you have an existing advanced directive, such
as a living will, that contains your specific wishes about
health care that is only delaying your death? If you have
another advance directive, make sure to discuss with your
agent the directive and the treatment decisions contained
within that outline your preferences. Make sure that your
agent agrees to honor the wishes expressed in your advance
directive.
WHAT KIND OF DECISIONS CAN MY AGENT MAKE?

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If there is ever a period of time when your physician
determines that you cannot make your own health care decisions,
or if you do not want to make your own decisions, some of the
decisions your agent could make are to:
(i) talk with physicians and other health care
providers about your condition.
(ii) see medical records and approve who else can see
them.
(iii) give permission for medical tests, medicines,
surgery, or other treatments.
(iv) choose where you receive care and which physicians
and others provide it.
(v) decide to accept, withdraw, or decline treatments
designed to keep you alive if you are near death or not
likely to recover. You may choose to include guidelines
and/or restrictions to your agent's authority.
(vi) agree or decline to donate your organs or your
whole body if you have not already made this decision
yourself. This could include donation for transplant,
research, and/or education. You should let your agent know
whether you are registered as a donor in the First Person
Consent registry maintained by the Illinois Secretary of
State or whether you have agreed to donate your whole body
for medical research and/or education.
(vii) decide what to do with your remains after you
have died, if you have not already made plans.

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(viii) talk with your other loved ones to help come to
a decision (but your designated agent will have the final
say over your other loved ones).
Your agent is not automatically responsible for your health
care expenses.
WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT?
You can pick a family member, but you do not have to. Your
agent will have the responsibility to make medical treatment
decisions, even if other people close to you might urge a
different decision. The selection of your agent should be done
carefully, as he or she will have ultimate decision-making
authority for your treatment decisions once you are no longer
able to voice your preferences. Choose a family member, friend,
or other person who:
(i) is at least 18 years old;
(ii) knows you well;
(iii) you trust to do what is best for you and is
willing to carry out your wishes, even if he or she may not
agree with your wishes;
(iv) would be comfortable talking with and questioning
your physicians and other health care providers;
(v) would not be too upset to carry out your wishes if
you became very sick; and
(vi) can be there for you when you need it and is
willing to accept this important role.

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WHAT IF MY AGENT IS NOT AVAILABLE OR IS
UNWILLING TO MAKE DECISIONS FOR ME?
If the person who is your first choice is unable to carry
out this role, then the second agent you chose will make the
decisions; if your second agent is not available, then the
third agent you chose will make the decisions. The second and
third agents are called your successor agents and they function
as back-up agents to your first choice agent and may act only
one at a time and in the order you list them.
WHAT WILL HAPPEN IF I DO NOT
CHOOSE A HEALTH CARE AGENT?
If you become unable to make your own health care decisions
and have not named an agent in writing, your physician and
other health care providers will ask a family member, friend,
or guardian to make decisions for you. In Illinois, a law
directs which of these individuals will be consulted. In that
law, each of these individuals is called a "surrogate".
There are reasons why you may want to name an agent rather
than rely on a surrogate:
(i) The person or people listed by this law may not be
who you would want to make decisions for you.
(ii) Some family members or friends might not be able
or willing to make decisions as you would want them to.
(iii) Family members and friends may disagree with one

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another about the best decisions.
(iv) Under some circumstances, a surrogate may not be
able to make the same kinds of decisions that an agent can
make.
WHAT IF THERE IS NO ONE AVAILABLE
WHOM I TRUST TO BE MY AGENT?
In this situation, it is especially important to talk to
your physician and other health care providers and create
written guidance about what you want or do not want, in case
you are ever critically ill and cannot express your own wishes.
You can complete a living will. You can also write your wishes
down and/or discuss them with your physician or other health
care provider and ask him or her to write it down in your
chart. You might also want to use written or on-line resources
to guide you through this process.
WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT?
Follow these instructions after you have completed the
form:
(i) Sign the form in front of a witness. See the form
for a list of who can and cannot witness it.
(ii) Ask the witness to sign it, too.
(iii) There is no need to have the form notarized.
(iv) Give a copy to your agent and to each of your
successor agents.

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(v) Give another copy to your physician.
(vi) Take a copy with you when you go to the hospital.
(vii) Show it to your family and friends and others who
care for you.
WHAT IF I CHANGE MY MIND?
You may change your mind at any time. If you do, tell
someone who is at least 18 years old that you have changed your
mind, and/or destroy your document and any copies. If you wish,
fill out a new form and make sure everyone you gave the old
form to has a copy of the new one, including, but not limited
to, your agents and your physicians.
WHAT IF I DO NOT WANT TO USE THIS FORM?
In the event you do not want to use the Illinois statutory
form provided here, any document you complete must be executed
by you, designate an agent who is over 18 years of age and not
prohibited from serving as your agent, and state the agent's
powers, but it need not be witnessed or conform in any other
respect to the statutory health care power.
If you have questions about the use of any form, you may
want to consult your physician, other health care provider,
and/or an attorney.
MY POWER OF ATTORNEY FOR HEALTH CARE

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THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY
FOR HEALTH CARE. (You must sign this form and a witness must
also sign it before it is valid)
My name (Print your full name):..........
My address:..................................................
I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT
(an agent is your personal representative under state and
federal law):
(Agent name).................
(Agent address).............
(Agent phone number).........................................
(Please check box if applicable) .... If a guardian of my
person is to be appointed, I nominate the agent acting under
this power of attorney as guardian.
SUCCESSOR HEALTH CARE AGENT(S) (optional):
If the agent I selected is unable or does not want to make
health care decisions for me, then I request the person(s) I
name below to be my successor health care agent(s). Only one
person at a time can serve as my agent (add another page if you
want to add more successor agent names):
.............................................................
(Successor agent #1 name, address and phone number)

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.............................................................
(Successor agent #2 name, address and phone number)
MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING:
(i) Deciding to accept, withdraw or decline treatment
for any physical or mental condition of mine, including
life-and-death decisions.
(ii) Agreeing to admit me to or discharge me from any
hospital, home, or other institution, including a mental
health facility.
(iii) Having complete access to my medical and mental
health records, and sharing them with others as needed,
including after I die.
(iv) Carrying out the plans I have already made, or, if
I have not done so, making decisions about my body or
remains, including organ, tissue or whole body donation,
autopsy, cremation, and burial.
The above grant of power is intended to be as broad as
possible so that my agent will have the authority to make any
decision I could make to obtain or terminate any type of health
care, including withdrawal of nutrition and hydration and other
life-sustaining measures.
I AUTHORIZE MY AGENT TO (please check any one box):
.... Make decisions for me only when I cannot make them for
myself. The physician(s) taking care of me will determine

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when I lack this ability.
(If no box is checked, then the box above shall be
implemented.) OR
.... Make decisions for me only when I cannot make them for
myself. The physician(s) taking care of me will determine
when I lack this ability. Starting now, for the purpose of
assisting me with my health care plans and decisions, my
agent shall have complete access to my medical and mental
health records, the authority to share them with others as
needed, and the complete ability to communicate with my
personal physician(s) and other health care providers,
including the ability to require an opinion of my physician
as to whether I lack the ability to make decisions for
myself. OR
.... Make decisions for me starting now and continuing
after I am no longer able to make them for myself. While I
am still able to make my own decisions, I can still do so
if I want to.
The subject of life-sustaining treatment is of particular
importance. Life-sustaining treatments may include tube
feedings or fluids through a tube, breathing machines, and CPR.
In general, in making decisions concerning life-sustaining
treatment, your agent is instructed to consider the relief of
suffering, the quality as well as the possible extension of
your life, and your previously expressed wishes. Your agent

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will weigh the burdens versus benefits of proposed treatments
in making decisions on your behalf.
Additional statements concerning the withholding or
removal of life-sustaining treatment are described below.
These can serve as a guide for your agent when making decisions
for you. Ask your physician or health care provider if you have
any questions about these statements.
SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR WISHES
(optional):
.... The quality of my life is more important than the
length of my life. If I am unconscious and my attending
physician believes, in accordance with reasonable medical
standards, that I will not wake up or recover my ability to
think, communicate with my family and friends, and
experience my surroundings, I do not want treatments to
prolong my life or delay my death, but I do want treatment
or care to make me comfortable and to relieve me of pain.
.... Staying alive is more important to me, no matter how
sick I am, how much I am suffering, the cost of the
procedures, or how unlikely my chances for recovery are. I
want my life to be prolonged to the greatest extent
possible in accordance with reasonable medical standards.
SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY:
The above grant of power is intended to be as broad as

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possible so that your agent will have the authority to make any
decision you could make to obtain or terminate any type of
health care. If you wish to limit the scope of your agent's
powers or prescribe special rules or limit the power to
authorize autopsy or dispose of remains, you may do so
specifically in this form.
..................................
..............................
My signature:..................
Today's date:................................................
HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN
COMPLETE THE SIGNATURE PORTION:
I am at least 18 years old. (check one of the options
below):
.... I saw the principal sign this document, or
.... the principal told me that the signature or mark on
the principal signature line is his or hers.
I am not the agent or successor agent(s) named in this
document. I am not related to the principal, the agent, or the
successor agent(s) by blood, marriage, or adoption. I am not
the principal's physician, advanced practice nurse, dentist,
podiatric physician, optometrist, psychologist mental health
service provider, or a relative of one of those individuals. I
am not an owner or operator (or the relative of an owner or

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operator) of the health care facility where the principal is a
patient or resident.
Witness printed name:............
Witness address:..............
Witness signature:...............
Today's date:................................................
SUCCESSOR HEALTH CARE AGENT(S) (optional):
If the agent I selected is unable or does not want to make
health care decisions for me, then I request the person(s) I
name below to be my successor health care agent(s). Only one
person at a time can serve as my agent (add another page if you
want to add more successor agent names):
.............................................................
(Successor agent #1 name, address and phone number)
.............................................................
(Successor agent #2 name, address and phone number)
(c) The statutory short form power of attorney for health
care (the "statutory health care power") authorizes the agent
to make any and all health care decisions on behalf of the
principal which the principal could make if present and under
no disability, subject to any limitations on the granted powers
that appear on the face of the form, to be exercised in such
manner as the agent deems consistent with the intent and
desires of the principal. The agent will be under no duty to

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exercise granted powers or to assume control of or
responsibility for the principal's health care; but when
granted powers are exercised, the agent will be required to use
due care to act for the benefit of the principal in accordance
with the terms of the statutory health care power and will be
liable for negligent exercise. The agent may act in person or
through others reasonably employed by the agent for that
purpose but may not delegate authority to make health care
decisions. The agent may sign and deliver all instruments,
negotiate and enter into all agreements and do all other acts
reasonably necessary to implement the exercise of the powers
granted to the agent. Without limiting the generality of the
foregoing, the statutory health care power shall include the
following powers, subject to any limitations appearing on the
face of the form:
(1) The agent is authorized to give consent to and
authorize or refuse, or to withhold or withdraw consent to,
any and all types of medical care, treatment or procedures
relating to the physical or mental health of the principal,
including any medication program, surgical procedures,
life-sustaining treatment or provision of food and fluids
for the principal.
(2) The agent is authorized to admit the principal to
or discharge the principal from any and all types of
hospitals, institutions, homes, residential or nursing
facilities, treatment centers and other health care

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institutions providing personal care or treatment for any
type of physical or mental condition. The agent shall have
the same right to visit the principal in the hospital or
other institution as is granted to a spouse or adult child
of the principal, any rule of the institution to the
contrary notwithstanding.
(3) The agent is authorized to contract for any and all
types of health care services and facilities in the name of
and on behalf of the principal and to bind the principal to
pay for all such services and facilities, and to have and
exercise those powers over the principal's property as are
authorized under the statutory property power, to the
extent the agent deems necessary to pay health care costs;
and the agent shall not be personally liable for any
services or care contracted for on behalf of the principal.
(4) At the principal's expense and subject to
reasonable rules of the health care provider to prevent
disruption of the principal's health care, the agent shall
have the same right the principal has to examine and copy
and consent to disclosure of all the principal's medical
records that the agent deems relevant to the exercise of
the agent's powers, whether the records relate to mental
health or any other medical condition and whether they are
in the possession of or maintained by any physician,
psychiatrist, psychologist, therapist, hospital, nursing
home or other health care provider. The authority under

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this paragraph (4) applies to any information governed by
the Health Insurance Portability and Accountability Act of
1996 ("HIPAA") and regulations thereunder. The agent
serves as the principal's personal representative, as that
term is defined under HIPAA and regulations thereunder.
(5) The agent is authorized: to direct that an autopsy
be made pursuant to Section 2 of "An Act in relation to
autopsy of dead bodies", approved August 13, 1965,
including all amendments; to make a disposition of any part
or all of the principal's body pursuant to the Illinois
Anatomical Gift Act, as now or hereafter amended; and to
direct the disposition of the principal's remains.
(6) At any time during which there is no executor or
administrator appointed for the principal's estate, the
agent is authorized to continue to pursue an application or
appeal for government benefits if those benefits were
applied for during the life of the principal.
(d) A physician may determine that the principal is unable
to make health care decisions for himself or herself only if
the principal lacks decisional capacity, as that term is
defined in Section 10 of the Health Care Surrogate Act.
(e) If the principal names the agent as a guardian on the
statutory short form, and if a court decides that the
appointment of a guardian will serve the principal's best
interests and welfare, the court shall appoint the agent to
serve without bond or security.

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(Source: P.A. 97-148, eff. 7-14-11; 98-1113, eff. 1-1-15.)
(755 ILCS 45/4-12) (from Ch. 110 1/2, par. 804-12)
Sec. 4-12. Saving clause. This Act does not in any way
invalidate any health care agency executed or any act of any
agent done, or affect any claim, right or remedy that accrued,
prior to September 22, 1987.
This amendatory Act of the 96th General Assembly does not
in any way invalidate any health care agency executed or any
act of any agent done, or affect any claim, right, or remedy
that accrued, prior to the effective date of this amendatory
Act of the 96th General Assembly.
This amendatory Act of the 98th General Assembly does not
in any way invalidate any health care agency executed or any
act of any agent done, or affect any claim, right, or remedy
that accrued, prior to the effective date of this amendatory
Act of the 98th General Assembly.
This amendatory Act of the 99th General Assembly does not
in any way invalidate any health care agency executed or any
act of any agent done, or affect any claim, right, or remedy
that accrued, prior to the effective date of this amendatory
Act of the 99th General Assembly.
(Source: P.A. 98-1113, eff. 1-1-15.)
Section 99. Effective date. This Act takes effect January
1, 2016.".