Share Your Experience

five star review
Lombard Office
Wheaton Office
Text Us Now
Subscribe to this list via RSS Blog posts tagged in health care power of attorney

DuPage County living will attorneyIt is understandably difficult for many people to consider their own end-of-life health care decisions. They may convince themselves that they will have plenty of time to think about such things when the time comes. What if you do not have plenty of time, however? What if, for example, you are suddenly diagnosed with a fast-moving illness or terminal injuries? Being prepared is always the better option, and a power of attorney for health care and a living will can help you stay ahead of life’s unpredictability.

What is a Power of Attorney for Health Care?

While a living will and power of attorney for health care can be used in conjunction with each other, it is important to understand the basic differences between the two. A power of attorney for health care grants an individual or entity of your choosing—known as an agent—the authority to make medical and health-related decisions on your behalf should you become unable to do so. This typically applies to situations of mental or physical incapacitation. The power of attorney may include specific directions for the agent regarding your wishes, and any health-related concern you have not specifically addressed will be decided at the discretion of your appointed agent.

What Can I Include in a Living Will?

Compared to a power of attorney, a living will is a bit more specific. The Illinois Living Will Act provides the applicable guidelines for such documents, or declarations, as they are statutorily known. A living will is sometimes called an advance medical directive and is used to outline your wishes regarding “death-delaying procedures” in the event you are suffering from a terminal condition. A declaration would only take effect if you were unable to give directions related to your care.


Lombard power of attorney lawyerCoronavirus concerns has many people putting estate plans at a much higher priority than normally. Although the chances of becoming seriously ill or dying from the virus are low for most Americans, it may still be a good idea to start implementing an estate plan. One important aspect of a comprehensive estate plan is a medical power of attorney or power of attorney for healthcare. By appointing a medical power of attorney for healthcare, you ensure that your medical decisions will be made by someone you trust if you cannot make these decisions on your own.  

Power of Attorney for Healthcare Basics

Many people assume that estate planning is only necessary if they are sick or elderly, however, it is best to create an estate plan while you are healthy and able to make clear decisions. An unexpected accident or illness can happen to anyone at any time. If you were seriously hurt or sick and could not tell doctors what your medical wishes were, you would probably want a trusted loved one who knows your preferences to make these decisions on your behalf. A healthcare power of attorney allows you to choose an agent who will be responsible for making your healthcare decisions if you cannot do so yourself. The term “power of attorney for healthcare” is often used to refer to the legal document as well as the person acting as your agent.

Who Should Be My Agent?

Being someone’s healthcare power of attorney is a serious responsibility. It is important to choose an agent who is capable of adequately handling this responsibility. Your agent should also be someone you trust implicitly and are comfortable sharing personal information with. Many people choose a spouse, family member, or close friend to be their agent. If you choose an agent and then circumstances change and you no longer want this person to be your agent, you have the ability to choose a new agent by drafting a new healthcare power of attorney document. You may want your healthcare power of attorney to also be your financial power of attorney or you may want to assign these roles to two different individuals.


Lombard estate planning lawyersAdvance directives are among the lesser-known estate planning tools. Studies show that only about a third of adults in the United States have signed an advance directive. There are a few reasons that advance directives are less popular that other types of estate planning documents like trusts and wills. Many people are not aware of how an advance directive can benefit them and their family if an unexpected tragedy should occur. While it can be quite difficult to plan for a possible future incapacitation, doing so has many benefits to both you and your loved ones.

Advance Directives Allow You to Be in Control of Your Future Medical Care

Have you considered what types of healthcare and medical intervention you would want if you ever became incapacitated by a serious illness or injury? For example, if you fell into a persistent vegetative state, would you want to be kept alive via a feeding tube? Facing these types of questions is not fun, but doing so now means that your family will not be burdened with the responsibility of making these plans for you if you became extremely ill. Through an advance directive, you can make decisions ahead of time about what types of medical care you do and do not want should the worst happen. This estate planning tool puts the power in your hands instead of in the hands of family members or doctors.

Durable Power of Attorney Versus Living Will

Advance directives fall into two main categories: durable power of attorney for health care and a living will. A power of attorney for health care is also called a medical power of attorney or health care proxy. A living will allows you to dictate the types of end-of-life medical care you want to receive as well as the treatments you do not want to receive. A health care power of attorney allows you to choose a representative, called an “agent” in Illinois, to make medical decisions on your behalf should you become unable to do so yourself. Most often, people choose a close friend or family member to be their agent. Being someone’s health care proxy is a tremendously important job, so it is critical that you choose someone responsible who understands your wishes. It is not uncommon for person to create a living will and appoint a medical power of attorney to ensure that the terms of the living will are followed.  


Lombard estate planning attorneyAs with most estate planning arrangements, you, thankfully, have a say over who you appoint as your “agent” when it comes to your health care power of attorney. Under this planning tool, you are considered the “principal” and the person you appoint as “agent” is granted various permissions regarding your health care.

In short, a health care power of attorney, or POA, is a type of advance directive which allows you to designate someone you trust to make decisions about your health, on your behalf, in the event you are no longer able to make decisions for yourself due to illness or debilitative condition. You can create a binding power of attorney for your health by using the standard state form or by writing your own.

How the Powers Are Determined

Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
Back to Top