Health Care Proxy

According to Illinois law, you have the explicit right to make decisions for yourself about the medical care that you want to receive, or to not receive, depending on your wishes. A situation, however, could arise that leaves you unable to make your own health-related decisions. If you wish to protect yourself in such a circumstance, you can draft a document known as a durable power of attorney for health care. At the Law Office of James F. White, P.C., our team has vast experience helping clients in matters of estate planning. We understand that planning now can make things much easier for yourself and your family members in the future. Our firm can help you create a power of attorney document that offers your loved ones the peace of mind that they deserve. The Illinois Power of Attorney Act (755 ILCS 45) governs powers of attorney in Illinois. According to the Act, you have the option of drafting a written instrument—called a power of attorney—to appoint another person to make decisions for you. You would use a power of attorney for property to address decisions about your finances and assets, and a power of attorney for health care to address your health and medical care. When you draft a power of attorney for health care, you are known as the "principal." The individual to whom you grant decision-making authority is known as an "agent" or "attorney-in-fact." He or she may also be referred to as your "health care proxy." The agent you choose should be a person that knows you well and one that you trust to uphold your values and wishes. You could also create a living will, which would give your agent additional guidance about the types of care you want or do not want to receive. If you suddenly became incapacitated and unable to express your wishes regarding your health, those around you, including doctors, nurses, and your family members, might have very little information about the types of care to offer you. Your loved ones might not be prepared to make the difficult decisions required by the situation. When you include a power of attorney for health care in your estate plan, much of the uncertainty and confusion can be eliminated.