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Legal Staff News & Views Newsletter A Brief discussion of Powers of
Attorney for Health Care; Articles in the media frequently recommend that everyone execute a living will, as in the case of Terri Schiavo, using the phrase interchangeably with "advance directive." Nearly every state has a living will statute, however, a living will isn't for everyone and its application is limited to the circumstances that the statute narrowly defines. The Illinois Living Will Act is found at 755 ILCS 35/et seq. Its purpose is to recognize the right of a person to make a written declaration instructing his or her physician to withhold or withdraw death delaying procedures in the event of a terminal condition. The provisions of a living will take effect only if the principal has a terminal illness defined in the statute as "an incurable and irreversible condition which is such that death delaying procedures serve only to prolong the dying process." A living will is only appropriate for a person who does not want to be kept alive under the circumstances set forth in the statute. Under the Living Will Act, an attending physician who has personally examined the individual must have diagnosed the terminal condition. The statute defines a "death delaying procedure" as "any medical procedure or intervention which, when applied to a qualified patient, in the judgment of the attending physician would serve only to postpone the moment of death." Under the statute, such procedures may include, but are not limited to, assisted ventilation, artificial kidney treatments, intravenous feeding or medication, blood transfusions, and tube feeding, but only when the sole reason for these procedures is to delay death, not to help the patient recover from an illness or injury. In the same section, the Act goes on to provide that "nutrition and hydration shall not be withdrawn or withheld from a qualified patient if the withdrawal or withholding would result in death solely from dehydration or starvation rather than from an existing termination condition." Had Terri Schiavo had a living will under the Illinois statute it would not have permitted her feeding tube to be removed. More flexible and more defining than a living will is a durable health care power of attorney, termed "durable" because the power endures even after the disability of the individual. The Illinois Power of Attorney Act is found at 755 ILCS 45/1 et seq. The statute gives individuals the right to appoint an agent to deal with property and/or make personal health care decision for the individual throughout the individual's lifetime, including periods of disability and requires health care personnel and other third parties to honor the agent's authority. As to health care, the statute is provided at 755 ILCS 45/4-1. The statute includes a form power of attorney but does not require it be used so that an individual may tailor the authority as he or she wishes. (The Illinois Living Will Act also provides a suggested form.) The statutory short form also contains space in which the principal may include specific instructions, such as donation of body organs or limiting the authority in some respect. The form also contains three alternative statements, one of which may be initialed, regarding under what if any circumstances the individual wishes to receive life-sustaining treatment. An individual may revoke or amend the power of attorney at any time. In the event of a conflict between a power of attorney and a living will, the power of attorney takes precedence, even if the living will was properly executed after the health care power of attorney. If an individual travels regularly or leaves the state (i.e. vacations, etc.) they may wish to have a living will as well as a health care POA since most every state recognizes and has a living will statute, but may not honor a health care POA. If an individual maintains more than one residence they may wish to check statutes as to living wills and health care POAs in those states. A power of attorney can transfer custody of children, or make medical or health care decisions for a client's children. Before making a power of attorney for health care or property an individual should discuss the issue with his or her proposed agent to be sure that person is willing to act. Once completed a client should give a copy of the power of attorney to the agent and give a copy to his or her doctor. The client should make his or her wishes regarding medical care known to other members of the family as well. Your client may also wish to do a power of attorney for property and a living trust. A power of attorney may be as broad or narrowly focused as a client wishes. Powers of attorney are often used in real estate closings when a person or persons cannot attend the closing and may sign a power of attorney to their respective attorney to act on their behalf to finalize the closing. The Mental Health Treatment Preference Declaration Act (755 ILCS 43/1) allows an adult of sound mind to make a declaration of preference or instructions regarding mental health treatment. A declaration may be invoked within 3 years of its execution unless it is revoked. The authority of a named attorney-in-fact and any alternative named in the declaration continues in effect as long as the declaration appointing the attorney-in-fact is in effect or until the attorney-in-fact has withdrawn. If a declaration has been invoked and is in effect at the expiration of 3 years after its execution, the declaration remains in effect until the principal is no longer incapable. An attorney-in-fact who has accepted the appointment in writing may make decisions about mental health treatment on behalf of the principal only when the principal is incapable. The decisions must be consistent with any desires the principal has expressed in the declaration. The attorney-in-fact is not personally liable for the cost of treatment provided to the principal. Except to the extent the right is limited by the declaration or any federal law, an attorney-in-fact has the same right as the principal to receive information regarding the proposed mental health treatment and to receive, review and consent to disclosure of medical records relating to that treatment. This right of access does not waive any evidentiary privilege. Upon being presented with a declaration, a physician or other provider shall make the declaration a part of the principal's medical record. When acting under the authority of a declaration, a physician or provider must comply with it to the fullest extent possible, consistent with reasonable medical practice, the availability of treatments requested, and applicable law. If the physician or other provider is unwilling at any time to comply with the declaration, the physician or provider may withdraw from providing treatment consistent with the exercise of independent medical judgment and must promptly notify the principal and the attorney-in-fact and document the notification in the principal's medical record. There are many forms available on the Internet. You can go to Findlaw.com or just do a google search for the document, by the name of the document, you are seeking. One Flaw in Women Women have strengths that amaze men.
They bear hardships and they carry burdens, they hold onto happiness,
love and joy. They smile when they want to scream. They sing when
they want to cry. They cry when they are happy and laugh when they
are nervous. They fight for what they believe in. They stand up to
injustice. They don't take "no" for an answer when they
believe there is a better solution. They go without so their family
can have. They go to the doctor with a frightened friend. They love
unconditionally. They cry when their children excel and cheer when
their friends get awards. They are happy when they hear about a birth
or a wedding. Their hearts break when a friend dies. They grieve at
the loss of a family member, yet they are strong when they think there
is no strength left. They know that a hug and a kiss can heal a broken
heart. Women come in all shapes, sizes and colors. They'll drive,
fly, walk, run or e-mail you to show how much they care about you.
The heart of a woman is what makes the world keep turning. They bring
joy, hope, and love. They have compassion and ideas. They give moral
support to their family and friends. Women have vital things to say
and everything to give. However, if there is one flaw in women, it
is that they forget their worth. Never forget how amazing you are! GERMAN STYLE POTATO SALAD 10 Large Red Potatoes 1 Lb. Bacon Cook potatoes until done but still firm. Let cool in skins; peel and slice into a large bowl. Cut up chives and parsley and add to potatoes. Cook bacon, crumble and set aside. Pour off half grease, while still on the stove, add vinegar (approximately ½ cup) and sugar (these amounts are based on preference and taste testing) and stir until sugar is dissolved. Add crumbled bacon to potatoes, pour vinegar/sugar mixture over the ingredients. Serve hot, warm or cold. Catherine Blythe Helpful Hints... If you have white or light colored porcelain sinks that are prone to get stained try scrubbing the surface with dishwasher soap. For stainless steel faucets, etc. use Dip-It coffee pot cleaner, it works great! Use a hot knife for cutting fresh breads and a wet one for cutting soft cakes. Moths will be repelled by herbs like lavender, rosemary, cinnamon, cloves or tansy. Mix any combination and place in the toe of a used stocking. Tie opening and hang in a closet or place in a drawer. Contributions to For Your Eyes Only and
BarSmarts are most welcome! |
