The decision of who to name as your agent should not be taken lightly, as this could be an important job. It’s important to name someone you trust, who would make wise decisions on your behalf.
When choosing an agent, make sure it’s someone who will understand your health care priorities and will honor your wishes when the time comes. I suggest having discussions with the person you name as agent about your health care wishes, letting them know what your priorities and wishes are. Then, if the situation arises where the agent needs to make decisions for you, they know what your wishes would be under the circumstances.
Before naming someone as an agent, you might want to ask them if they would be willing to take on that role. If so, then it’s good they know their role when the time comes. If they are hesitant or not willing to act, then you can omit them and go ahead and name someone else right away.
I suggest only naming one person as an agent at a time, rather than naming two agents to act simultaneously. This opens the door for potential conflict. It is a good idea to name at least one successor agent, in case your first option is unable or unwilling to act when the time comes.
After completing your health care power of attorney, give copies to your medical providers, as well as your family. I suggest giving a copy to the person you named as your first agent as well.
If you do a new health care power of attorney, make sure to destroy copies of your old form and inform everyone who may have the old copies that the old copy has been revoked.
Full Article and Source:
Naming Health Care Power of Attorney
Execution of advance directives should be videotaped in order to provide evidence of capacity at time of execution at a hearing should a court try to override these documents.
ReplyDeletePoA's are the best weapon we have and must be protected.
ReplyDeletePower of Attorney for Health Care is needed for all adults upon the minor's 18th birthday. The Wall Street Journal refers to this as the 'college package'.
ReplyDeleteAll 17 year old minors and their parents need information about the changes of parental legal standing changes on the minor's 18th birthday the date the minor becomes an adult leaving the parents of their adult child with no legal standing to make medical decisions and that loss of standing includes decisions regarding rehabilitation if needed.
POA's need to be updated as needed.
And, It's best to have more than one successor agent in the event all listed agents are unable or unwilling to act as your agent to avoid a court appointed guardian of person which triggers guardian of the estate - keep that in mind.
Spouses do not have legal standing to make medical decisions about their spouse's medical care if their spouse is declared: "confused and unable to make decisions for himself/herself" - keep that in mind.
Illinois 2013-2014 session: Representative David Harris introduced HB 5573.
Synopsis As Introduced
Amends the Probate Act of 1975. Provides that guardianship of a disabled adult may not be used in a retaliatory manner or as a convenience for a health care provider or family member. Provides that no petition for guardianship shall seek relief that is in conflict with any properly and previously executed will, trust, power of attorney, durable power of attorney, health care directive, advance directive, or other directive unless undue influence is proven in the creation of the document, by clear and convincing evidence, at a hearing conducted under the rules of civil procedure of this State.
HB 5573 did not move out of Rules Committee.
Opposition to HB 5573: Cook County Public Guardian.