Healthcare Power of Attorney vs. Advanced Health Directives

 Posted on November 14, 2024 in Estate Planning

One of the best ways to protect your and your family’s future is to let your family members know in advance your wishes regarding end-of-life decisions. You can also put in place legal documents that provide authority to other family members to deal with unexpected health issues should they arise.

In Illinois, an Advanced Health directive and a Statutory Power of Attorney for Healthcare can be used to empower another to make health decisions on your behalf in the event you are incapacitated. Although a Statutory Power of Attorney is a type of healthcare directive, there are important differences between the two that your attorney can advise you on as you think about setting up a plan for dealing with health challenges.

What is an Advanced Healthcare Directive?

An advanced healthcare directive provides medical instructions on what to do in the event you are unable to make your own medical decisions. Some types of advanced healthcare directives include:

• Living wills

• Do-not-resuscitate (DNR) orders

• Organ donor registration

• Do-not-intubate (DNI) instructions

• Designating someone else to make medical decisions on your behalf, such as via a Healthcare Power of Attorney

Usually, you can decide on one of the following in the event you are incapacitated:

• Do not prolong life-saving treatment if you believe the burdens outweigh the benefits.

• Prolong life or continue to provide treatment unless you are in an irreversible coma.

• Prolong life in all circumstances to the extent possible.

What is a Healthcare Power of Attorney?

By contrast, a Healthcare Power of Attorney (HCPOA) is a specific type of healthcare directive. It is a form of power of attorney through which you can assign an individual to act as your power of attorney for making healthcare decisions in the event you are incapacitated.

This individual, known as the healthcare agent, will have the authority to make medical and healthcare decisions on your behalf if you are incapacitated and unable to do so. Only in those circumstances does the document become effective. In order to execute an HCPOA, you must have legal capacity at the time that you create the document, so it is important to take care of this before the need arises.  

Illinois has a statutory healthcare power of attorney form that provides the option to fill out a Power of Attorney Short Form. This is simpler and easier to understand than the original form, which used more complex language, but having an attorney review any power of attorney form is essential for making sure it is enforceable.

Contact a Yorkville, IL Advanced Health Attorney

No one wants to consider facing serious health problems or even incapacitation. An experienced and compassionate estate planning lawyer can guide you as you think about the protections you want to put in place to protect your family from any future health-related eventualities. At Gateville Law Firm we put our experience to work on your behalf. Contact our Kendall County, IL advanced health directive attorney at 630-780-1034 to schedule a free consultation today.