Health Care Power of Attorney
As a Chicago divorce attorney with a background in estate planning, I am aware of the benefits of estate planning before, during and after divorce. A Health Care Power of Attorney (HCPOA) is an important part of an estate plan. Illinois’ General Assembly unanimously passed Senate Bill 3228 and it was sent to the Governor for his signature June 27. The bill amends the HCPOA Act. Once signed by Governor Quinn, the new law will become effective January 1, 2015.
A HCPOA is used by individuals to name another person, known as a health care agent, to make health care decisions for the individual in the event that he or she is unable to make those decisions for himself or herself because of illness, injury or incapacity. These decisions include end-of-life health care wishes.
The amended HCPOA Act (750 ILCS 45) modifies four sections of the old law. One of the major changes is found in the introduction which has questions that help prompt people to think seriously about their choices and to convey those thoughts to their designated agent. The questions asked are:
- What is most important to you in your life?
- How important is it to you to avoid pain and suffering?
- If you had to choose, is it more important to you to live as long as possible, or to avoid prolonged suffering or disability?
- Would you rather be at home or in a hospital for the last days or weeks of your life?
- Do you have religious, spiritual, or cultural beliefs that you want your agent and others to consider?
- Do you wish to make a significant contribution to medical science after your death through organ or whole body donation?
- Do you have an existing advance 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.
Supporters of the new HCPOA claim it is user friendly, clearly sets forth the powers of the agent and is helpful to health care providers. The revised law had input from many organizations. However, not all groups were in favor of the revised Act. One complaint is that the questions asked might push people away from life-sustaining options in certain circumstances.
I believe that making your wishes known at a time when you are capable of doing so is critical. It allows your loved ones to make the best decisions for you based upon your own desires. Knowing your wishes reduces the anguish over whether or not they are making the right decisions. As a family law attorney, I know that divorce changes your relationship with your spouse and in-law family. I urge people contemplating divorce, going through divorce, or recently divorced to review their Powers of Attorney and all other estate planning documents to make sure they reflect your current wishes and needs. Please feel free to contact me about any estate planning questions you may have.
