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Lake Bluff, IL 60044

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The New Illinois Power of Attorney for Healthcare

The first of January seems like the right date to unveil a makeover. Even a legislative one! The Illinois Power of Attorney for Health Care statute has been amended effective January 1, 2015. The idea behind the changes was to make the power of attorney form more “user friendly” and understandable to the average person. The statutory form has been reformatted to follow a Q&A style and contain points for thought and discussion in the Notice section of the document. Other changes have been made which include additional witness restrictions, more limited life-sustaining treatment options available to the principal, and the elimination of organ donation options.
We will be sending our clients a more comprehensive summary of the changes to the 2011 Power of Attorney for Health Care. What you need to know in the meantime is that the new statute does contain a savings clause. This means that the amendment to the statute does not invalidate a power of attorney that was properly executed prior to 2015. Although you are not required to amend your estate plan due to the savings clause, please contact us if you have questions about the new statute or would like to consider updating your documents.

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