Bill Text: IL HB0679 | 2021-2022 | 102nd General Assembly | Enrolled


Bill Title: Amends the Illinois Power of Attorney Act. Provides that a principal may elect a 30-day delayed revocation of the principal's health care agency. Makes corresponding changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Enrolled) 2021-06-23 - Sent to the Governor [HB0679 Detail]

Download: Illinois-2021-HB0679-Enrolled.html



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1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Power of Attorney Act is amended
5by changing Sections 4-6 and 4-10 as follows:
6 (755 ILCS 45/4-6) (from Ch. 110 1/2, par. 804-6)
7 Sec. 4-6. Revocation and amendment of health care
8agencies.
9 (a) Unless the principal elects a delayed revocation
10period pursuant to subsection (a-5), every Every health care
11agency may be revoked by the principal at any time, without
12regard to the principal's mental or physical condition, by any
13of the following methods:
14 1. By being obliterated, burnt, torn or otherwise
15 destroyed or defaced in a manner indicating intention to
16 revoke;
17 2. By a written revocation of the agency signed and
18 dated by the principal or person acting at the direction
19 of the principal, regardless of whether the written
20 revocation is in an electronic or hard copy format;
21 3. By an oral or any other expression of the intent to
22 revoke the agency in the presence of a witness 18 years of
23 age or older who signs and dates a writing confirming that

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1 such expression of intent was made; or
2 4. For an electronic health care agency, by deleting
3 in a manner indicating the intention to revoke. An
4 electronic health care agency may be revoked
5 electronically using a generic, technology-neutral system
6 in which each user is assigned a unique identifier that is
7 securely maintained and in a manner that meets the
8 regulatory requirements for a digital or electronic
9 signature. Compliance with the standards defined in the
10 Electronic Commerce Security Act or the implementing rules
11 of the Hospital Licensing Act for medical record entry
12 authentication for author validation of the documentation,
13 content accuracy, and completeness meets this standard.
14 (a-5) A principal may elect a 30-day delay of the
15revocation of the principal's health care agency. If a
16principal makes this election, the principal's revocation
17shall be delayed for 30 days after the principal communicates
18his or her intent to revoke.
19 (b) Every health care agency may be amended at any time by
20a written amendment signed and dated by the principal or
21person acting at the direction of the principal.
22 (c) Any person, other than the agent, to whom a revocation
23or amendment is communicated or delivered shall make all
24reasonable efforts to inform the agent of that fact as
25promptly as possible.
26(Source: P.A. 101-163, eff. 1-1-20.)

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1 (755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
2 Sec. 4-10. Statutory short form power of attorney for
3health care.
4 (a) The form prescribed in this Section (sometimes also
5referred to in this Act as the "statutory health care power")
6may be used to grant an agent powers with respect to the
7principal's own health care; but the statutory health care
8power is not intended to be exclusive nor to cover delegation
9of a parent's power to control the health care of a minor
10child, and no provision of this Article shall be construed to
11invalidate or bar use by the principal of any other or
12different form of power of attorney for health care.
13Nonstatutory health care powers must be executed by the
14principal, designate the agent and the agent's powers, and
15comply with the limitations in Section 4-5 of this Article,
16but they need not be witnessed or conform in any other respect
17to the statutory health care power.
18 No specific format is required for the statutory health
19care power of attorney other than the notice must precede the
20form. The statutory health care power may be included in or
21combined with any other form of power of attorney governing
22property or other matters.
23 The signature and execution requirements set forth in this
24Article are satisfied by: (i) written signatures or initials;
25or (ii) electronic signatures or computer-generated signature

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1codes. Electronic documents under this Act may be created,
2signed, or revoked electronically using a generic,
3technology-neutral system in which each user is assigned a
4unique identifier that is securely maintained and in a manner
5that meets the regulatory requirements for a digital or
6electronic signature. Compliance with the standards defined in
7the Electronic Commerce Security Act or the implementing rules
8of the Hospital Licensing Act for medical record entry
9authentication for author validation of the documentation,
10content accuracy, and completeness meets this standard.
11 (b) The Illinois Statutory Short Form Power of Attorney
12for Health Care shall be substantially as follows:
13
NOTICE TO THE INDIVIDUAL SIGNING
14
THE POWER OF ATTORNEY FOR HEALTH CARE
15 No one can predict when a serious illness or accident
16might occur. When it does, you may need someone else to speak
17or make health care decisions for you. If you plan now, you can
18increase the chances that the medical treatment you get will
19be the treatment you want.
20 In Illinois, you can choose someone to be your "health
21care agent". Your agent is the person you trust to make health
22care decisions for you if you are unable or do not want to make
23them yourself. These decisions should be based on your
24personal values and wishes.
25 It is important to put your choice of agent in writing. The

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1written form is often called an "advance directive". You may
2use this form or another form, as long as it meets the legal
3requirements of Illinois. There are many written and on-line
4resources to guide you and your loved ones in having a
5conversation about these issues. You may find it helpful to
6look at these resources while thinking about and discussing
7your advance directive.
8
WHAT ARE THE THINGS I WANT MY
9
HEALTH CARE AGENT TO KNOW?
10 The selection of your agent should be considered
11carefully, as your agent will have the ultimate
12decision-making authority once this document goes into effect,
13in most instances after you are no longer able to make your own
14decisions. While the goal is for your agent to make decisions
15in keeping with your preferences and in the majority of
16circumstances that is what happens, please know that the law
17does allow your agent to make decisions to direct or refuse
18health care interventions or withdraw treatment. Your agent
19will need to think about conversations you have had, your
20personality, and how you handled important health care issues
21in the past. Therefore, it is important to talk with your agent
22and your family about such things as:
23 (i) What is most important to you in your life?
24 (ii) How important is it to you to avoid pain and
25 suffering?

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1 (iii) If you had to choose, is it more important to you
2 to live as long as possible, or to avoid prolonged
3 suffering or disability?
4 (iv) Would you rather be at home or in a hospital for
5 the last days or weeks of your life?
6 (v) Do you have religious, spiritual, or cultural
7 beliefs that you want your agent and others to consider?
8 (vi) Do you wish to make a significant contribution to
9 medical science after your death through organ or whole
10 body donation?
11 (vii) Do you have an existing advance directive, such
12 as a living will, that contains your specific wishes about
13 health care that is only delaying your death? If you have
14 another advance directive, make sure to discuss with your
15 agent the directive and the treatment decisions contained
16 within that outline your preferences. Make sure that your
17 agent agrees to honor the wishes expressed in your advance
18 directive.
19
WHAT KIND OF DECISIONS CAN MY AGENT MAKE?
20 If there is ever a period of time when your physician
21determines that you cannot make your own health care
22decisions, or if you do not want to make your own decisions,
23some of the decisions your agent could make are to:
24 (i) talk with physicians and other health care
25 providers about your condition.

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1 (ii) see medical records and approve who else can see
2 them.
3 (iii) give permission for medical tests, medicines,
4 surgery, or other treatments.
5 (iv) choose where you receive care and which
6 physicians and others provide it.
7 (v) decide to accept, withdraw, or decline treatments
8 designed to keep you alive if you are near death or not
9 likely to recover. You may choose to include guidelines
10 and/or restrictions to your agent's authority.
11 (vi) agree or decline to donate your organs or your
12 whole body if you have not already made this decision
13 yourself. This could include donation for transplant,
14 research, and/or education. You should let your agent know
15 whether you are registered as a donor in the First Person
16 Consent registry maintained by the Illinois Secretary of
17 State or whether you have agreed to donate your whole body
18 for medical research and/or education.
19 (vii) decide what to do with your remains after you
20 have died, if you have not already made plans.
21 (viii) talk with your other loved ones to help come to
22 a decision (but your designated agent will have the final
23 say over your other loved ones).
24 Your agent is not automatically responsible for your
25health care expenses.

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1
WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT?
2 You can pick a family member, but you do not have to. Your
3agent will have the responsibility to make medical treatment
4decisions, even if other people close to you might urge a
5different decision. The selection of your agent should be done
6carefully, as he or she will have ultimate decision-making
7authority for your treatment decisions once you are no longer
8able to voice your preferences. Choose a family member,
9friend, or other person who:
10 (i) is at least 18 years old;
11 (ii) knows you well;
12 (iii) you trust to do what is best for you and is
13 willing to carry out your wishes, even if he or she may not
14 agree with your wishes;
15 (iv) would be comfortable talking with and questioning
16 your physicians and other health care providers;
17 (v) would not be too upset to carry out your wishes if
18 you became very sick; and
19 (vi) can be there for you when you need it and is
20 willing to accept this important role.
21
WHAT IF MY AGENT IS NOT AVAILABLE OR IS
22
UNWILLING TO MAKE DECISIONS FOR ME?
23 If the person who is your first choice is unable to carry
24out this role, then the second agent you chose will make the
25decisions; if your second agent is not available, then the

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1third agent you chose will make the decisions. The second and
2third agents are called your successor agents and they
3function as back-up agents to your first choice agent and may
4act only one at a time and in the order you list them.
5
WHAT WILL HAPPEN IF I DO NOT
6
CHOOSE A HEALTH CARE AGENT?
7 If you become unable to make your own health care
8decisions and have not named an agent in writing, your
9physician and other health care providers will ask a family
10member, friend, or guardian to make decisions for you. In
11Illinois, a law directs which of these individuals will be
12consulted. In that law, each of these individuals is called a
13"surrogate".
14 There are reasons why you may want to name an agent rather
15than rely on a surrogate:
16 (i) The person or people listed by this law may not be
17 who you would want to make decisions for you.
18 (ii) Some family members or friends might not be able
19 or willing to make decisions as you would want them to.
20 (iii) Family members and friends may disagree with one
21 another about the best decisions.
22 (iv) Under some circumstances, a surrogate may not be
23 able to make the same kinds of decisions that an agent can
24 make.

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1
WHAT IF THERE IS NO ONE AVAILABLE
2
WHOM I TRUST TO BE MY AGENT?
3 In this situation, it is especially important to talk to
4your physician and other health care providers and create
5written guidance about what you want or do not want, in case
6you are ever critically ill and cannot express your own
7wishes. You can complete a living will. You can also write your
8wishes down and/or discuss them with your physician or other
9health care provider and ask him or her to write it down in
10your chart. You might also want to use written or on-line
11resources to guide you through this process.
12
WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT?
13 Follow these instructions after you have completed the
14form:
15 (i) Sign the form in front of a witness. See the form
16 for a list of who can and cannot witness it.
17 (ii) Ask the witness to sign it, too.
18 (iii) There is no need to have the form notarized.
19 (iv) Give a copy to your agent and to each of your
20 successor agents.
21 (v) Give another copy to your physician.
22 (vi) Take a copy with you when you go to the hospital.
23 (vii) Show it to your family and friends and others
24 who care for you.

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1
WHAT IF I CHANGE MY MIND?
2 You may change your mind at any time. If you do, tell
3someone who is at least 18 years old that you have changed your
4mind, and/or destroy your document and any copies. If you
5wish, fill out a new form and make sure everyone you gave the
6old form to has a copy of the new one, including, but not
7limited to, your agents and your physicians. If you are
8concerned you may revoke your power of attorney at a time when
9you may need it the most, you may initial the box at the end of
10the form to indicate that you would like a 30-day waiting
11period after you voice your intent to revoke your power of
12attorney. This means if your agent is making decisions for you
13during that time, your agent can continue to make decisions on
14your behalf. This election is purely optional, and you do not
15have to choose it. If you do not choose this option, you can
16change your mind and revoke the power of attorney at any time.
17
WHAT IF I DO NOT WANT TO USE THIS FORM?
18 In the event you do not want to use the Illinois statutory
19form provided here, any document you complete must be executed
20by you, designate an agent who is over 18 years of age and not
21prohibited from serving as your agent, and state the agent's
22powers, but it need not be witnessed or conform in any other
23respect to the statutory health care power.
24 If you have questions about the use of any form, you may
25want to consult your physician, other health care provider,

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1and/or an attorney.
2
MY POWER OF ATTORNEY FOR HEALTH CARE
3THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY
4FOR HEALTH CARE. (You must sign this form and a witness must
5also sign it before it is valid)
6My name (Print your full name):..........
7My address:..................................................
8I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT
9(an agent is your personal representative under state and
10federal law):
11(Agent name).................
12(Agent address).............
13(Agent phone number).........................................
14(Please check box if applicable) .... If a guardian of my
15person is to be appointed, I nominate the agent acting under
16this power of attorney as guardian.
17SUCCESSOR HEALTH CARE AGENT(S) (optional):
18 If the agent I selected is unable or does not want to make
19health care decisions for me, then I request the person(s) I
20name below to be my successor health care agent(s). Only one

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1person at a time can serve as my agent (add another page if you
2want to add more successor agent names):
3.....................
4(Successor agent #1 name, address and phone number)
5..........
6(Successor agent #2 name, address and phone number)
7MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING:
8 (i) Deciding to accept, withdraw or decline treatment
9 for any physical or mental condition of mine, including
10 life-and-death decisions.
11 (ii) Agreeing to admit me to or discharge me from any
12 hospital, home, or other institution, including a mental
13 health facility.
14 (iii) Having complete access to my medical and mental
15 health records, and sharing them with others as needed,
16 including after I die.
17 (iv) Carrying out the plans I have already made, or,
18 if I have not done so, making decisions about my body or
19 remains, including organ, tissue or whole body donation,
20 autopsy, cremation, and burial.
21 The above grant of power is intended to be as broad as
22possible so that my agent will have the authority to make any
23decision I could make to obtain or terminate any type of health
24care, including withdrawal of nutrition and hydration and
25other life-sustaining measures.

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1I AUTHORIZE MY AGENT TO (please check any one box):
2 .... Make decisions for me only when I cannot make them for
3 myself. The physician(s) taking care of me will determine
4 when I lack this ability.
5 (If no box is checked, then the box above shall be
6 implemented.) OR
7 .... Make decisions for me only when I cannot make them for
8 myself. The physician(s) taking care of me will determine
9 when I lack this ability. Starting now, for the purpose of
10 assisting me with my health care plans and decisions, my
11 agent shall have complete access to my medical and mental
12 health records, the authority to share them with others as
13 needed, and the complete ability to communicate with my
14 personal physician(s) and other health care providers,
15 including the ability to require an opinion of my
16 physician as to whether I lack the ability to make
17 decisions for myself. OR
18 .... Make decisions for me starting now and continuing
19 after I am no longer able to make them for myself. While I
20 am still able to make my own decisions, I can still do so
21 if I want to.
22 The subject of life-sustaining treatment is of particular
23importance. Life-sustaining treatments may include tube
24feedings or fluids through a tube, breathing machines, and

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1CPR. In general, in making decisions concerning
2life-sustaining treatment, your agent is instructed to
3consider the relief of suffering, the quality as well as the
4possible extension of your life, and your previously expressed
5wishes. Your agent will weigh the burdens versus benefits of
6proposed treatments in making decisions on your behalf.
7 Additional statements concerning the withholding or
8removal of life-sustaining treatment are described below.
9These can serve as a guide for your agent when making decisions
10for you. Ask your physician or health care provider if you have
11any questions about these statements.
12SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR
13WISHES (optional):
14 .... The quality of my life is more important than the
15 length of my life. If I am unconscious and my attending
16 physician believes, in accordance with reasonable medical
17 standards, that I will not wake up or recover my ability to
18 think, communicate with my family and friends, and
19 experience my surroundings, I do not want treatments to
20 prolong my life or delay my death, but I do want treatment
21 or care to make me comfortable and to relieve me of pain.
22 .... Staying alive is more important to me, no matter how
23 sick I am, how much I am suffering, the cost of the
24 procedures, or how unlikely my chances for recovery are. I
25 want my life to be prolonged to the greatest extent

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1 possible in accordance with reasonable medical standards.
2SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY:
3 The above grant of power is intended to be as broad as
4possible so that your agent will have the authority to make any
5decision you could make to obtain or terminate any type of
6health care. If you wish to limit the scope of your agent's
7powers or prescribe special rules or limit the power to
8authorize autopsy or dispose of remains, you may do so
9specifically in this form.
10..................................
11..............................
12My signature:..................
13Today's date:................................................
14
DELAYED REVOCATION
15 .... I elect to delay revocation of this power of attorney
16for 30 days after I communicate my intent to revoke it.
17 .... I elect for the revocation of this power of attorney
18to take effect immediately if I communicate my intent to
19revoke it.
20HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN
21COMPLETE THE SIGNATURE PORTION:
22 I am at least 18 years old. (check one of the options

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1below):
2 .... I saw the principal sign this document, or
3 .... the principal told me that the signature or mark on
4 the principal signature line is his or hers.
5 I am not the agent or successor agent(s) named in this
6document. I am not related to the principal, the agent, or the
7successor agent(s) by blood, marriage, or adoption. I am not
8the principal's physician, advanced practice registered nurse,
9dentist, podiatric physician, optometrist, psychologist, or a
10relative of one of those individuals. I am not an owner or
11operator (or the relative of an owner or operator) of the
12health care facility where the principal is a patient or
13resident.
14Witness printed name:............
15Witness address:..............
16Witness signature:...............
17Today's date:................................................
18 (c) The statutory short form power of attorney for health
19care (the "statutory health care power") authorizes the agent
20to make any and all health care decisions on behalf of the
21principal which the principal could make if present and under
22no disability, subject to any limitations on the granted
23powers that appear on the face of the form, to be exercised in
24such manner as the agent deems consistent with the intent and
25desires of the principal. The agent will be under no duty to

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1exercise granted powers or to assume control of or
2responsibility for the principal's health care; but when
3granted powers are exercised, the agent will be required to
4use due care to act for the benefit of the principal in
5accordance with the terms of the statutory health care power
6and will be liable for negligent exercise. The agent may act in
7person or through others reasonably employed by the agent for
8that purpose but may not delegate authority to make health
9care decisions. The agent may sign and deliver all
10instruments, negotiate and enter into all agreements and do
11all other acts reasonably necessary to implement the exercise
12of the powers granted to the agent. Without limiting the
13generality of the foregoing, the statutory health care power
14shall include the following powers, subject to any limitations
15appearing on the face of the form:
16 (1) The agent is authorized to give consent to and
17 authorize or refuse, or to withhold or withdraw consent
18 to, any and all types of medical care, treatment or
19 procedures relating to the physical or mental health of
20 the principal, including any medication program, surgical
21 procedures, life-sustaining treatment or provision of food
22 and fluids for the principal.
23 (2) The agent is authorized to admit the principal to
24 or discharge the principal from any and all types of
25 hospitals, institutions, homes, residential or nursing
26 facilities, treatment centers and other health care

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

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1 home or other health care provider. The authority under
2 this paragraph (4) applies to any information governed by
3 the Health Insurance Portability and Accountability Act of
4 1996 ("HIPAA") and regulations thereunder. The agent
5 serves as the principal's personal representative, as that
6 term is defined under HIPAA and regulations thereunder.
7 (5) The agent is authorized: to direct that an autopsy
8 be made pursuant to Section 2 of the Autopsy Act; to make a
9 disposition of any part or all of the principal's body
10 pursuant to the Illinois Anatomical Gift Act, as now or
11 hereafter amended; and to direct the disposition of the
12 principal's remains.
13 (6) At any time during which there is no executor or
14 administrator appointed for the principal's estate, the
15 agent is authorized to continue to pursue an application
16 or appeal for government benefits if those benefits were
17 applied for during the life of the principal.
18 (d) A physician may determine that the principal is unable
19to make health care decisions for himself or herself only if
20the principal lacks decisional capacity, as that term is
21defined in Section 10 of the Health Care Surrogate Act.
22 (e) If the principal names the agent as a guardian on the
23statutory short form, and if a court decides that the
24appointment of a guardian will serve the principal's best
25interests and welfare, the court shall appoint the agent to
26serve without bond or security.

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1(Source: P.A. 100-513, eff. 1-1-18; 101-81, eff. 7-12-19;
2101-163, eff. 1-1-20.)
3 Section 99. Effective date. This Act takes effect upon
4becoming law.
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