Legal Q&A
Condell Hospice Legal Assistance Center

Illinois law gives you the right to accept or reject medical treatment. You also have the right to give directions, in advance, about the kind of health care you want if the time comes when you cannot make your own decisions.

You can control your future health care by signing a form naming a trusted relative or friend to communicate for you and by signing a document that tells the kind of life-sustaining treatment you want. These documents, called advanced directives, are written statements you make in advance about your future medical treatment decisions.

How is a health care power of attorney different from a living will?

A living will takes effect only if you have a terminal illness and cannot speak for yourself. Also, it addresses only decisions concerning life-sustaining treatment. A health care power of attorney is broader and more flexible and, in that way, is preferable to a living will. Under a health care power of attorney, your agent can make health care decisions for you in any situation when you are unable to do so.

Should I have both a health care power of attorney and a living will?

Your living will does not take effect as long as your agent under a health care power of attorney is available and willing to make life-sustaining treatment decisions.

If you do not wish to be kept alive by life-sustaining treatment, you should consider signing both documents because: The living will reinforces the intent of the power of attorney for health care. Your agent under the health care power of attorney may die or be unable or unwilling to act when it comes time to make health care decisions.

Will hospitals and physicians honor my living will and health care power of attorney?

Providers must comply with health care decisions of a health care agent or the directions stated in a living will unless they are morally opposed to them. If the provider is unwilling to comply, the provider must inform your agent who is then responsible for arranging your transfer to another provider.

For how long are my living will and power of attorney for health care effective?

They remain valid until you revoke them. However you should sign a new form every two to three years, since health care providers are more likely to honor a recently signed document.

What should I do with my signed health care power of attorney and living will?

Copies should be given to the persons you have named as the agent and successor agents under the healthcare power of attorney. Give copies to your physician, family, and friends and discuss your wishes with them as well. Inform your agent where the original documents are kept.

In case of an emergency, how will a hospital know that I have a living will or who my health care agent is?

A hospital can locate your agent or living will if you complete the Health Care/Living Will Wallet Identification Card and carry it with you in your wallet or purse. For more information on how to get a Wallet Identification Card, you may call:

Patient Representative - Condell Medical Center (847) 990-5443

The Illinois Department On Aging, (1-800-252-8966)

The Illinois Attorney General (1-800-252-2518)

Can I revoke or change my health care power of attorney or my living will?

They can be revoked at any time, regardless of your physical or mental condition, by doing one of the following:

• Tear up or otherwise destroy the document; OR
  
  
• Revoke the document in writing, sign and date it, or direct someone else to do it for you; OR
  
  
• Express (orally or otherwise) in the presence of a witness at least 18 years old, your intent to revoke the document. Have the witness sign and date a statement confirming that such an expression of intent was made.
  
  

To change your health care power of attorney, write in the changes, and sign and date the document. To change your living will, revoke the current form, and sign a new one. Also, a court may revoke or change your documents if it believes clarification is needed or your agent is not acting in your best interests.

Should I have my living will and health care power of attorney notarized?

It is recommended that you have your documents notarized, since some other states require notarization.

Where can I get the living will and health care power of attorney forms?

Call your attorney or one of the following:

Patient Representative - Condell Medical Center (847) 990-5443

The Illinois Department On Aging, (1-800-252-8966)

The Illinois Attorney General (1-800-252-2518)

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