Illinois Medical Power of Attorney

The Illinois Medical Power of Attorney for Healthcare brings a level of certainty to the unpredictability of falling seriously ill. By allowing any individual to record their end-of-life wishes in a legally-binding contract, a Medical Power of Attorney gives the individual who drafts it (a party referred to as the Principal) the peace of mind that their wishes will be carried out by an Agent they nominate. The process of selecting an Agent can be difficult, which is why the state law 755 ILCS 45/4-10 provides Principals with guidance on selecting an ideal one.

Additional Considerations

Illinois state law, specifically 755 ILCS 45/4-10, gives a Principal the option to elect one (1) or more “Successor Agents” in addition to their Agent. A Successor Agent can take over the duties of an Agent if they are unable to carry them out. As the law states, “they function as back-up agents to your first choice agent and may act only one at a time and in the order you list them.”

State Laws & Signing Requirements

State Laws – Illinois Power of Attorney Act (Article IV: Power of Attorney for Health Care)

Signing Requirements (755 ILCS 45/4-5.1) – The Principal must sign the Medical Power of Attorney in front of one (1) witness who meets the witness requirements outlined in 755 ILCS 45/4-5.1. The witness must also sign the form. State law, specifically (755 ILCS 45/4-10), states that, “There is no need to have the form notarized.”