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The Basics of a Health Care POA

Photo by Tahera Rahman
Atty. Syeda M. Madani

Author’s note: I am excited to be speaking again at the upcoming 53rd Annual ISNA Convention discussing the legal tools available in proper estate planning. I will describe and explain such tools as wills, living wills, power of attorney for finances and health, as well as trusts, and how, when drafted and executed properly, these tools bring greater peace of mind in end of life situations. To give you a taste of what I’ll be covering, below is a basic rundown of Power of Attorney for Healthcare.

  • Please join us at #ISNA53
  • 3:40-4:40 PM
  • Parallel Session 15C
  • Room 27 7 Caregivers
  • Long Term Care: The Stages of Family Caregiving

Power of Attorney for Healthcare

What Is A Power Of Attorney For Health Care?

The health care power of attorney (POA) lets you choose someone to make health care decisions for you if you cannot. This person would be called your agent.  You may give your agent specific directions about the health care you do or do not want.

How Much Power Will My Agent Have In Making My Personal Care Decisions?

Your health care power of attorney can give the agent permission to make all decisions relating to your personal care. Or, it can be written to give the agent the power to act in only specific situations.

What Is Required To Create A Health Care POA?

To be legally valid your signature is required that must be witnessed by one adult, 18 years of age or older. A witness cannot be your attending physician or your agent or successor agent.

How Long Will A Health Care POA Last?

A health care power of attorney will last until your death. However, if you want it to last for a different amount of time you can write that in the power of attorney form, and it will end at that specified time.

Can I Change My Health Care POA?

You can always change or end the power of attorney. Changes must be made in writing and signed and dated by you.

Final Note:

State of Illinois has statutory short forms for the health care power of attorney.  It is best practice and wise to have an attorney prepare this important legal document to ensure that it fully complies with Illinois law. If you make an advance directive, inform your doctor and have it part of your electronic medical record and give copies to any close relatives and friends.

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