Advance Directives and Powers of Attorney
Advance directives are written instruments allowing a person to give instructions ahead of time about his/her financial or medical affairs. These documents are used to plan for periods of incapacity (prior to death). There are four forms of advance directives in Illinois.
- A Durable Power of Attorney for Property allows an individual to name another individual to manage his/her financial affairs. A husband/wife does not automatically have the legal authority to manage a spouse’s financial affairs, and someone else can be chosen as the agent instead. There is a statutory form available for this Power of Attorney. However, if not prepared properly, a Guardianship may still be needed in order to accomplish Long Term Care Planning for Medicaid purposes.
- A Durable Power of Attorney for Health Care allows an individual to grant to another person the authority to make health care decisions on his/her behalf when that individual is no longer able to make these decisions.The document names an agent to have the legal authority to make decisions, as well as giving the agent instructions as to the preferences for those decisions. There is a statutory form available for this Power of Attorney. However, if not prepared properly, a Guardianship may be needed in order to make decisions about health care and nursing home care.
- A Living Will (sometimes called a Health Care Declaration) instructs an individual’s doctor on whether or not he/she wants death-delaying procedures used when that individual has a terminal condition, but is unable to communicate his/her wishes.
- A Mental Health Treatment Preference Declaration allows an individual to make decisions in advance about three types of mental health treatment: psychotropic medication, electroconvulsive therapy, and short-term (up to 17 days) admission to a treatment facility.