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All references made in accordance with Illinois Code 755 ILCS 35
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It is not mandatory that you have an Advance health care directive, however it is highly recommended. Federal law requires that you be told of your right to make an advance directive when you are admitted to a health-care facility.
In Illinois, if you do not have a health care directive and you can not communicate your wishes to the doctor, a "surrogate" may be chosen for you. A health care surrogate will be one of the following persons (in order of priority): guardian of the person, spouse, any adult child(ren), either parent, any adult brother or sister, any adult grandchild, a close friend, or guardian of the estate.
Illinois law allows for the following three types of advance directives, and our package includes three of them:
(1) health care power of attorney;
(2) living will (health care directive instructions); and
(3) mental health treatment preference declaration.
But again, you are not required to have all of them. In addition, you can ask your physician to work with you to prepare a Do not Resuscitate Order (DNR) order.
A DNR order is a medical treatment order stating that cardiopulmonary resuscitation (CPR) will not be attempted if your heart and/or breathing stops.
CPR, when successful, restores heartbeat and breathing. CPR refers to various medical procedures, such as chest compressions, electrical shocks and insertion of a breathing tube, used in an attempt to restart your heart and/or breathing.
Before a DNR order may be entered into your medical record, either you or another person (your legal guardian, health care power or attorney or surrogate decision maker) must consent to the DNR order. This consent must be witnessed by two people who are 18 years or older. If a DNR order is entered into your medical record, appropriate medical treatment other than CPR will be given to you.
Our Advance Health Care directive consists of the following documents for your convenience:
- Durable Power of Attorney for Health Care;
- Advance Health Care Directive (Living Will) with mental treatment preference declaration;
- Separate Mental Health Treatment Preference Declaration;
- Springing Durable Power of Attorney for Property and Finances Upon Disability.
Read more at "Statement of Illinois Law on Advance Directives and DNR Orders"
(Prepared by Illinois Department of Public Health)
Below please find several important definitions of the terms you may see in your Health Care Directive:
"Life-sustaining treatment" means any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the process of dying or to maintain the patient in a condition of permanent unconsciousness;
"Permanently unconscious" means a lasting condition, indefinitely without change in which thought, feeling, sensations, and awareness of self and environment are absent;
"Terminal condition" means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician, result in death within a relatively short time.
An attending physician or other health care provider who is unwilling to comply with this subchapter shall as promptly as practicable take all reasonable steps to transfer care of the declarant to another physician or health care provider
The declaration must be signed by the declarant, or another at the declarant's direction, and witnessed by two (2) individuals.
Among options that you may consider in your health care directive are:
- whether you want to be given cardiopulmonary resuscitation (CPR) in the event your heart stops beating;
- whether you want your doctor to put you on kidney dialysis;
- limiting the use of certain medications such as chemotherapy, antibiotics; and,
- whether you want the use of mechanical ventilators to aid or replace normal breathing.
A declaration becomes operative when
- it is communicated to the attending physician and
- the declarant is determined by the attending physician and another physician in consultation
either to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment.
A mental health treatment preference declaration lets you say if you want to receive electroconvulsive treatment (ECT) or psychotropic medicine when you have a mental illness and are unable to make these decisions for yourself. It also allows you to say whether you wish to be admitted to a mental health facility for up to 17 days of treatment.
Keep the original documents in a safe and easily accessible place, and make an extra copy for yourself in case the original is lost or accidentally destroyed. It is important that your doctor and family members know about your Living Will and have a copy of it. Take your Living Will and Durable Power of Attorney for Health Care with you if you are admitted to the hospital.
You should talk with your family, your health-care professional, your attorney, and any agent or attorney-in-fact that you appoint about your decision to make one or more advance directives or a DNR order. If they know what health care you want, they will find it easier to follow your wishes. If you cancel or change an advance directive or a DNR order in the future, remember to tell these same people about the change or cancellation.
No health-care facility, health-care professional or insurer can make you execute an advance directive or DNR Order as a condition of providing treatment or insurance. It is entirely your decision. If a health-care facility, health-care professional or insurer objects to following your advance directive or DNR order then they must tell you or the individual responsible for making your health-care decisions. They must continue to provide care until you or your decision maker can transfer you to another health-care provider who will follow your advance directive or DNR order.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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Thanks for the quick service! I am very impressed with the speed and
quality of your products and service. My husband is stationed in San
Antonio, TX and I am trying to move us from NC to TX by myself- this
power of attorney helped tremendously with so little complication!
Thanks again!
Kimberly S., TX
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Thank you so much. I appreciate your service and will continue to do business.
Didi S, NC
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Thanks for your prompt responce. Did not even expect you to be that quick and attentive. Your customer service is superb.
George A., NY
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Thank you for your service, you just earned a customer for life.
Ms. Dove, OR
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