Free Illinois Medical Power of Attorney Forms

Illinois Medical Power of Attorney Laws

Powers of Attorney for Healthcare - Article IV of the Illinois Power of Attorney Act is the Powers of Attorney for Health Care. It recognizes the right of a person to control all aspects of their personal care, including the right to ask for or decline medical treatment.

They can make such decisions even if it is contrary to the obligations of the doctor and other healthcare providers. “However, if the individual becomes a person with disability, their right to control treatment may be denied unless the individual, as principal, can delegate the decision-making power to a trusted agent” (755 ILCS 45/Art. IV.

Signing Requirements in Illinois

The medical power of attorney, known in Illinois as the agency, must have the signature of one witness. The witness must be of legal age and should not be the agent in the form. In addition, the following cannot act as witnesses:

• the attending physician and other healthcare personnel
• the owner or operator of the healthcare facility taking care of the principal
• a direct family member like a parent, sibling, or children and their spouses

This is all stated in the Illinois Power of Attorney Act (755 ILCS 45/4-5.1).

How To Write a Medical POA in Illinois

An Illinois medical POA is an important document that will help you continue your medical treatment and healthcare services even when you’ve become incompetent through an illness or other means. Follow these steps to making one:

1. Appoint someone you trust as an agent

The agent or attorney-in-fact plays an important role in a medical POA as this person acts on your behalf while you are unable to make life-and-death decisions. Choose only someone you can trust with your life as an agent. Most people would choose a spouse, family member, or spiritual advisor as an agent, but it can even be a friend.

Whoever you choose, make sure you talk to them first. Do not ambush them with the POA or entrap them into saying yes. The role is also stressful for the agent since they may have to make vital decisions when the time comes. Moreover, it is crucial that you share your wishes with the agent before letting them sign the document.

2. Download and fill out a POA template

There are printable Illinois medical POA templates available online. They allow you to fill out the form with your name, address, and other personal details, as well as the personal details of your agent. The POA form also has spaces where you can write down your medical and healthcare instructions. You can provide explicit guidelines about medical treatment or give permission to decline certain procedures.

3. Review the completed form

After filling out the POA form, make sure there are no blank spaces. More importantly, review the instructions to ensure all your wishes are clearly stated. Read and understand the entire document. If you have questions, ask a lawyer before you sign and activate the POA.

4. Sign the POA

You must sign the medical POA in Illinois in front of a witness who must be at least 18 years old. After you sign the document, the witness will also affix their signature on the POA. Your agent, personal doctor, and healthcare provider, including the owner and operator, cannot be your witness. A close family member is also ineligible to act as a witness.

5. Distribute Copies of the POA

First, you need to store the original copy of the POA in a safe place. Inform your agent where it is. Second, give your agent a copy of the POA. Third, you must provide relevant entities copies of your medical wishes, which should be stated in the medical POA. The list includes your physician and healthcare providers. If you live in a facility, provide a copy to the significant staff too.