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2005 Illinois Code - 755 ILCS 45/ Illinois Power of Attorney Act. Article IV - Powers Of Attorney For Health Care

(755 ILCS 45/Art. IV heading)
ARTICLE IV

‑ POWERS OF ATTORNEY FOR HEALTH CARE.

(755 ILCS 45/4‑1) (from Ch. 110 1/2, par. 804‑1)

Sec. 4‑1.

Purpose.

The General Assembly recognizes the right of the
individual to control all aspects of his or her personal care and medical
treatment, including the right to decline medical treatment or to direct
that it be withdrawn, even if death ensues.  The right of the individual to
decide about personal care overrides the obligation of the physician and
other health care providers to render care or to preserve life and health.

However, if the individual becomes disabled, her or his right to control
treatment may be denied unless the individual, as principal, can delegate
the decision making power to a trusted agent and be sure that the agent's
power to make personal and health care decisions for the principal will be
effective to the same extent as though made by the principal.

The Illinois statutory recognition of the right of delegation for health
care purposes needs to be restated to make it clear that its scope is
intended to be as broad as the comparable right of delegation for property
and financial matters.  However, the General Assembly recognizes that
powers concerning life and death and the other issues involved in health
care agencies are more sensitive than property matters and that particular
rules and forms are necessary for health care agencies to insure their
validity and efficacy and to protect health care providers so that they
will honor the authority of the agent at all times.  For purposes of
emphasis and their particular application to health care, the General
Assembly restates the purposes and public policy announced in Article II,
Section 2‑1 of this Act as if those purposes and public policies were set
forth verbatim in this Section.

In furtherance of these purposes, the General Assembly adopts this Article,
setting forth general principles governing health care agencies and a statutory
short form power of attorney for health care, intending that when a power
in substantially the form set forth in this Article is used, health care
providers and other third parties who rely in good faith on the acts and
decisions of the agent within the scope of the power may do so without fear
of civil or criminal liability to the principal, the State or any other
person.  However, the form of health care agency in this Article is not
intended to be exclusive and other forms of powers of attorney chosen by
the principal that comply with Section 4‑5 of this Article may offer powers and
protection similar to the statutory short form power of attorney for health care.

(Source: P.A. 85‑1395.)

(755 ILCS 45/4‑2) (from Ch. 110 1/2, par. 804‑2)

Sec. 4‑2.

Short Title.

This Article shall be known and may be cited
as the "Powers of Attorney for Health Care Law".

(Source: P.A. 85‑701.)

(755 ILCS 45/4‑3) (from Ch. 110 1/2, par. 804‑3)

Sec. 4‑3.

General principles.

The health care powers that may be
delegated to an agent include, without limitation, all powers an individual
may have to be informed about and to consent to or refuse or withdraw any
type of health care for the individual and all powers a
parent may have to control or consent to health care for a minor child.  A
health care agency may extend beyond the principal's death if necessary to
permit anatomical gift, autopsy or disposition of remains.  Nothing in this
Article shall impair or supersede any legal right or legal responsibility
which any person may have to effect the withholding or withdrawal of
life‑sustaining or death‑delaying procedures in any lawful manner, and the
provisions of this Article are cumulative in such respect.

(Source: P.A. 85‑701.)

(755 ILCS 45/4‑4) (from Ch. 110 1/2, par. 804‑4)

Sec. 4‑4.

Definitions.

As used in this Article:

(a) "Attending physician" means the physician who has primary
responsibility at the time of reference for the treatment and care of the patient.

(b) "Health care" means any care, treatment, service or procedure to
maintain, diagnose, treat or provide for the patient's physical or mental
health or personal care.

(c) "Health care agency" means an agency governing any type of health
care, anatomical gift, autopsy or disposition of remains for and on behalf
of a patient and refers to the power of attorney or other written
instrument defining the agency or the agency, itself, as appropriate to the context.

(d) "Health care provider" or "provider" means the attending physician
and any other person administering health care to the patient at the time
of reference who is licensed, certified, or otherwise authorized or
permitted by law to administer health care in the ordinary course of
business or the practice of a profession, including any person employed by
or acting for any such authorized person.

(e) "Patient" means the principal or, if the agency governs health care
for a minor child of the principal, then the child.

(Source: P.A. 85‑701.)

(755 ILCS 45/4‑5) (from Ch. 110 1/2, par. 804‑5)

Sec. 4‑5.

Limitations on health care agencies.

Neither the attending
physician nor any other health care provider may act as agent under a
health care agency; however, a person who is not administering health
care to the patient may act as health care agent for the patient even
though the person is a physician or otherwise licensed, certified,
authorized, or permitted by law to administer health care in the ordinary
course of business or the practice of a profession.

(Source: P.A. 86‑736.)

(755 ILCS 45/4‑6) (from Ch. 110 1/2, par. 804‑6)

Sec. 4‑6.

Revocation and amendment of health care agencies.

(a) Every health care agency may be revoked by the principal at any
time, without regard to the principal's mental or physical condition, by
any of the following methods:

1.  By being obliterated, burnt, torn or otherwise destroyed or defaced
in a manner indicating intention to revoke;

2.  By a written revocation of the agency signed and dated by the
principal or person acting at the direction of the principal; or

3.  By an oral or any other expression of the intent to revoke the agency
in the presence of a witness 18 years of age or older who signs and dates a
writing confirming that such expression of intent was made.

(b) Every health care agency may be amended at any time by a written
amendment signed and dated by the principal or person acting at the
direction of the principal.

(c) Any person, other than the agent, to whom a revocation or amendment is
communicated or delivered shall make all reasonable efforts to inform the
agent of that fact as promptly as possible.

(Source: P.A. 85‑701.)

(755 ILCS 45/4‑7)(from Ch. 110 1/2, par. 804‑7)

Sec. 4‑7.

Duties of health care providers and others in relation to
health care agencies.

Each health care provider and each other person with
whom an agent deals under a health care agency shall be subject to the
following duties and responsibilities:

(a) It is the responsibility of the agent or patient to notify the
health care provider of the existence of the health care agency and any
amendment or revocation thereof.  A health care provider furnished with a
copy of a health care agency shall make it a part of the patient's medical
records and shall enter in the records any change in or termination of the
health care agency by the principal that becomes known to the provider.
Whenever a provider believes a patient may lack capacity to give informed
consent to health care which the provider deems necessary, the provider
shall consult with any available health care agent known to the provider
who then has power to act for the patient under a health care agency.

(b) A health care decision made by an agent in accordance with the terms
of a health care agency shall be complied with by every health care
provider to whom the decision is communicated, subject to the provider's
right to administer treatment for the patient's comfort care or alleviation
of pain; but if the provider is unwilling to comply with the agent's decision,
the provider shall promptly inform the agent who shall then be responsible
to make the necessary arrangements for the transfer of the patient to
another provider.  It is understood that a
provider who is unwilling to comply with the agent's decision will continue
to afford reasonably necessary consultation and care in connection with the transfer.

(c) At the patient's expense and subject to reasonable rules of the
health care provider to prevent disruption of the patient's health care,
each health care provider shall give an agent authorized to receive
such information under a health care agency the same right the principal
has to examine and copy any part or all of the patient's medical records
that the agent deems relevant to the exercise of the agent's powers,
whether the records relate to mental health or any other medical condition
and whether they are in the possession of or maintained by any physician,
psychiatrist, psychologist, therapist, hospital, nursing home or other
health care provider.

(d) If and to the extent a health care agency empowers the agent to (1)
make an anatomical gift on behalf of the principal under the Illinois Anatomical Gift Act, as now or hereafter amended, or (2) authorize
an
autopsy of the principal's body pursuant to Section 2 of "An Act in
relation to autopsy of dead bodies", approved August 13, 1965, as now or
hereafter amended, or (3) direct
the disposition of the principal's remains, the decision by an authorized
agent as to anatomical gift, autopsy
approval or remains disposition shall be deemed the act of the principal
and shall control over the decision of other persons who might otherwise
have priority;
and each person to whom a direction by the agent in accordance with the
terms of the agency is communicated shall comply with such direction.

(Source: P.A. 93‑794, eff. 7‑22‑04.)

(755 ILCS 45/4‑8) (from Ch. 110 1/2, par. 804‑8)

Sec. 4‑8.

Immunities of health care providers, agents and others in
relation to health care agencies.  Each health care provider and each other
person who acts in good faith reliance on any direction or decision by the
agent that is not clearly contrary to the terms of a health care agency (a
"reliant") will be protected and released to the same extent as though the
reliant had dealt directly with the principal as a fully‑competent person.
Without limiting the generality of the foregoing, the following specific
principles shall also govern, protect and validate the acts of the agent
and each reliant:

(a) No reliant shall be subject to any type of civil or criminal
liability or discipline for unprofessional conduct for complying with any
direction or decision by the agent, even if death or injury to the patient ensues.

(b) No reliant shall be subject to any type of civil or criminal
liability or discipline for unprofessional conduct for failure to comply
with any direction or decision by the agent that violates the reliant's
conscience rights, as long as the reliant promptly informs the agent of
reliant's refusal or failure to comply with such direction or decision by
the agent.  The agent shall then be responsible to make the necessary
arrangements for the transfer of the patient to another provider.  It is
understood that a provider who is unwilling to comply with the agent's
decision will continue to afford reasonably necessary consultation and care
in connection with the transfer.

(c) If the actions of a health care provider who fails to comply with
any direction or decision by the agent are substantially in accord with
reasonable medical standards at the time of reference and the provider
cooperates in the transfer of the patient pursuant to subsection (b) of
Section 4‑7 of this Act, the provider shall not be subject to any type of civil
or
criminal liability or discipline for unprofessional conduct for failure to
comply with the agent.

(d) No agent who in good faith acts with due care for the benefit of the
patient and in accordance with the terms of a health care agency, or who
fails to act, shall be subject to any type of civil or criminal liability
for such action or inaction.

(e) If the patient's death results from withholding or withdrawing
life‑sustaining treatment in accordance with the terms of a health care
agency, the death shall not constitute a suicide or homicide for any
purpose under any statute or other rule of law and shall not impair or
invalidate any insurance, annuity or other type of contract that is
conditioned on the life or death of the patient, any term of the contract to
the contrary notwithstanding.

(Source: P.A. 85‑1395.)

(755 ILCS 45/4‑9) (from Ch. 110 1/2, par. 804‑9)

Sec. 4‑9.

Penalties.

All persons shall be subject to the following
sanctions in relation to health care agencies, in addition to all other
sanctions applicable under any other law or rule of professional conduct:

(a) Any person shall be civilly liable who, without the principal's
consent, wilfully conceals, cancels or alters a health care agency or any
amendment or revocation of the agency or who falsifies or forges a health
care agency, amendment or revocation.

(b) A person who falsifies or forges a health care agency or wilfully
conceals or withholds personal knowledge of an amendment or revocation of a
health care agency with the intent to cause a withholding or withdrawal of
life‑sustaining or death‑delaying procedures contrary to the intent of the
principal and thereby, because of such act, directly causes life‑sustaining
or death‑delaying procedures to be withheld or withdrawn and death to the
patient to be hastened shall be subject to prosecution for involuntary manslaughter.

(c) Any person who requires or prevents execution of a health care
agency as a condition of insuring or providing any type of health care
services to the patient shall be civilly liable and guilty of a Class A
misdemeanor.

(Source: P.A. 85‑701.)

(755 ILCS 45/4‑10)(from Ch. 110 1/2, par. 804‑10)

Sec. 4‑10.

Statutory short form power of attorney for health care.

(a) The following form (sometimes also referred to in this Act as the
"statutory health care power") may be used to grant an agent powers with
respect to the principal's own health care; but the statutory health care
power is not intended to be exclusive nor to cover delegation of a parent's
power to control the health care of a minor child, and no provision of this
Article shall be construed to invalidate or bar use by the principal of any
other or
different form of power of attorney for health care.  Nonstatutory health
care powers must be
executed by the principal, designate the agent and the agent's powers, and
comply with Section 4‑5 of this Article, but they need not be witnessed or
conform in any other respect to the statutory health care power. When a
power of attorney in substantially the
following form is used, including the "notice" paragraph at the beginning
in capital letters, it shall have the meaning and effect prescribed in this
Act.  The statutory health care power may be included in or
combined with any
other form of power of attorney governing property or other matters.

"ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR HEALTH CARE

(NOTICE:  THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU
DESIGNATE (YOUR "AGENT") BROAD POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU,
INCLUDING POWER TO REQUIRE, CONSENT TO OR WITHDRAW ANY TYPE OF PERSONAL
CARE OR MEDICAL TREATMENT FOR ANY PHYSICAL OR MENTAL CONDITION AND TO ADMIT
YOU TO OR DISCHARGE YOU FROM ANY HOSPITAL, HOME OR OTHER INSTITUTION.  THIS
FORM DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS; BUT
WHEN POWERS ARE EXERCISED, YOUR AGENT WILL HAVE TO USE
DUE CARE TO ACT FOR
YOUR BENEFIT AND IN ACCORDANCE WITH  THIS FORM AND KEEP A RECORD OF
RECEIPTS, DISBURSEMENTS AND SIGNIFICANT ACTIONS TAKEN AS AGENT.  A COURT
CAN TAKE AWAY THE
POWERS OF YOUR AGENT IF IT FINDS THE AGENT IS NOT ACTING PROPERLY.  YOU MAY
NAME SUCCESSOR AGENTS UNDER THIS FORM
BUT NOT CO‑AGENTS, AND NO HEALTH CARE PROVIDER MAY BE NAMED.  UNLESS
YOU EXPRESSLY LIMIT THE DURATION OF THIS POWER
IN THE MANNER PROVIDED BELOW, UNTIL YOU REVOKE THIS POWER OR A COURT ACTING
ON YOUR BEHALF TERMINATES IT, YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE
THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME DISABLED.  THE POWERS YOU
GIVE YOUR AGENT, YOUR RIGHT TO REVOKE THOSE POWERS AND THE PENALTIES FOR
VIOLATING THE LAW ARE EXPLAINED MORE FULLY IN SECTIONS 4‑5, 4‑6, 4‑9 AND
4‑10(b) OF THE ILLINOIS
"POWERS OF ATTORNEY FOR HEALTH CARE LAW"
OF WHICH THIS FORM IS A PART (SEE THE BACK OF THIS FORM).  THAT LAW
EXPRESSLY PERMITS THE USE OF ANY DIFFERENT FORM OF POWER OF ATTORNEY YOU
MAY DESIRE.  IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT
UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.)

    POWER OF ATTORNEY made this .......................day of
................................
    (month)  (year)
    1. I, ..................................................,
              (insert name and address of principal)
hereby appoint:
............................................................
          (insert name and address of agent)

as my attorney‑in‑fact (my "agent") to act for me and in my name (in any
way I could act in person) to make any and all decisions for me concerning
my personal care, medical treatment, hospitalization and health care and to
require, withhold or withdraw any type of medical treatment or procedure,
even though my death may ensue.  My agent shall have the same access to my
medical records that I have, including the right to disclose the contents
to others.  My agent shall also have full power to
authorize an autopsy and direct the disposition of my remains.
Effective upon my death, my agent has the full power to make an anatomical
gift of the following (initial one):

....Any organs, tissues, or eyes suitable for

transplantation or used for research or education.

....Specific organs:.................................

(THE ABOVE GRANT OF POWER IS INTENDED TO BE AS BROAD AS POSSIBLE SO THAT
YOUR AGENT WILL HAVE AUTHORITY TO MAKE ANY DECISION YOU COULD MAKE TO
OBTAIN OR TERMINATE ANY TYPE OF HEALTH CARE, INCLUDING WITHDRAWAL OF FOOD
AND WATER AND OTHER LIFE‑SUSTAINING MEASURES, IF YOUR AGENT BELIEVES SUCH
ACTION WOULD BE CONSISTENT WITH YOUR INTENT AND DESIRES.  IF YOU WISH TO
LIMIT THE SCOPE OF YOUR AGENT'S POWERS OR PRESCRIBE SPECIAL RULES OR LIMIT
THE POWER TO MAKE AN ANATOMICAL GIFT, AUTHORIZE AUTOPSY OR DISPOSE OF
REMAINS, YOU MAY DO SO IN THE FOLLOWING PARAGRAPHS.)

2. The powers granted above shall not include the following powers or
shall be subject to the following rules or limitations (here you may include
any specific limitations you deem appropriate, such as:  your own
definition of when life‑sustaining measures should be withheld; a direction
to continue food and fluids or life‑sustaining treatment in
all events; or instructions to refuse
any specific types of treatment that are inconsistent with your religious
beliefs or unacceptable to you for any other reason, such as blood
transfusion, electro‑convulsive therapy, amputation, psychosurgery,
voluntary admission to a mental institution, etc.):

..............................................................
..............................................................
..............................................................
..............................................................
..............................................................

(THE SUBJECT OF LIFE‑SUSTAINING TREATMENT IS OF PARTICULAR IMPORTANCE.  FOR
YOUR CONVENIENCE IN DEALING WITH THAT SUBJECT, SOME GENERAL STATEMENTS
CONCERNING THE WITHHOLDING OR REMOVAL OF LIFE‑SUSTAINING TREATMENT ARE SET
FORTH BELOW.  IF YOU AGREE WITH ONE OF THESE STATEMENTS, YOU MAY
INITIAL THAT STATEMENT; BUT DO NOT INITIAL MORE THAN ONE):

I do not want my life to be prolonged nor do I want life‑sustaining
treatment to be provided or continued if my agent believes the burdens of
the treatment outweigh the expected benefits.  I want my agent to consider
the relief of suffering, the expense involved and the quality as well as
the possible extension of my life in making decisions concerning
life‑sustaining treatment.

Initialed...........................

I want my life to be prolonged and I want life‑sustaining treatment to be
provided or continued unless I am in a coma which my attending physician
believes to be irreversible, in accordance with reasonable medical
standards at the time of reference.  If and when I have suffered
irreversible coma, I want life‑sustaining treatment to be withheld or
discontinued.

Initialed...........................

I want my life to be prolonged to the greatest extent possible without
regard to my condition, the chances I have for recovery or the cost of the
procedures.

Initialed...........................

(THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU IN THE MANNER
PROVIDED IN SECTION 4‑6 OF THE ILLINOIS "POWERS OF ATTORNEY FOR HEALTH CARE
LAW" (SEE THE BACK OF THIS FORM).  ABSENT AMENDMENT OR
REVOCATION, THE AUTHORITY GRANTED IN THIS
POWER OF ATTORNEY WILL BECOME EFFECTIVE AT THE TIME THIS POWER IS SIGNED
AND WILL CONTINUE UNTIL YOUR DEATH, AND BEYOND IF ANATOMICAL GIFT, AUTOPSY
OR DISPOSITION OF REMAINS IS AUTHORIZED, UNLESS A LIMITATION ON THE
BEGINNING DATE OR DURATION IS MADE BY INITIALING AND COMPLETING EITHER OR
BOTH OF THE FOLLOWING:)

3. ( ) This power of attorney shall become effective on

..............................................................
..............................................................

(insert a future date or event during your lifetime, such as court
determination of your disability, when you want this power to first take
effect)

4.

( ) This power of attorney shall terminate on

........

..............................................................

(insert a future date or event, such as court determination of your
disability, when you want this power to terminate prior to your death)

(IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAMES AND ADDRESSES OF
SUCH SUCCESSORS IN THE FOLLOWING PARAGRAPH.)

5. If any agent named by me shall die, become incompetent, resign,
refuse to accept the office of agent or be unavailable, I name
the following (each to act alone
and successively, in the order named) as successors to such agent:

..............................................................
..............................................................

For purposes of this paragraph 5, a person shall be considered to be
incompetent if and while the person is a minor or an adjudicated
incompetent or disabled person or the person is unable to give prompt and
intelligent consideration to health care matters, as certified by a licensed physician.
(IF YOU WISH TO NAME YOUR AGENT AS GUARDIAN OF YOUR PERSON,
IN THE EVENT A COURT DECIDES
THAT ONE SHOULD BE APPOINTED, YOU MAY, BUT ARE NOT REQUIRED TO, DO SO BY
RETAINING THE FOLLOWING
PARAGRAPH.  THE COURT
WILL APPOINT YOUR AGENT IF THE COURT FINDS THAT SUCH
APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND WELFARE.  STRIKE OUT
PARAGRAPH 6 IF YOU DO NOT WANT YOUR AGENT TO ACT AS GUARDIAN.)

6. If a guardian of my person is to be appointed, I nominate the agent
acting under this power of attorney as such
guardian, to serve without bond or security.

7. I am fully informed as to all the contents of this form and
understand the full import of this grant of powers to my agent.

Signed..............................

(principal)

The principal has had an opportunity to read the above form and has
signed the form or acknowledged his or her signature or mark on the form in my presence.

.......................... Residing at......................
(witness)

(YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND SUCCESSOR AGENTS
TO PROVIDE SPECIMEN SIGNATURES BELOW.  IF YOU INCLUDE SPECIMEN SIGNATURES
IN THIS POWER OF ATTORNEY, YOU MUST COMPLETE THE CERTIFICATION OPPOSITE THE
SIGNATURES OF THE AGENTS.)

Specimen signatures of I certify that the signatures of my
agent (and successors). agent (and successors) are correct.

.......................   ...................................
       (agent)                      (principal)
.......................   ...................................
   (successor agent)                (principal)
.......................   ...................................
   (successor agent)                (principal)"

(b) The statutory short form power of attorney for health care (the
"statutory health care power") authorizes the agent to make any and all
health care decisions on behalf of the principal which the principal could
make if present and under no disability, subject to any limitations on the
granted powers that appear on the face of the form, to be exercised in such
manner as the agent deems consistent with the intent and desires of the
principal.  The agent will be under no duty to exercise granted powers or
to assume control of or responsibility for the  principal's health care;
but when granted powers are exercised, the agent will be required to use
due care to act for the benefit of the principal in accordance with the
terms of the statutory health care power and will be liable
for negligent exercise.   The agent may act in person or through others
reasonably employed by the agent for that purpose
but may not delegate authority to make health care decisions.  The agent
may sign and deliver all instruments, negotiate and enter into all
agreements and do all other acts reasonably necessary to implement the
exercise of the powers granted to the agent.  Without limiting the
generality of the foregoing, the statutory health care power shall include
the following powers, subject to any limitations appearing on the face of the form:

(1) The agent is authorized to give consent to and

authorize or refuse, or to withhold or withdraw consent to, any and all types of medical care, treatment or procedures relating to the physical or mental health of the principal, including any medication program, surgical procedures, life‑sustaining treatment or provision of food and fluids for the principal.

(2) The agent is authorized to admit the principal to

or discharge the principal from any and all types of hospitals, institutions, homes, residential or nursing facilities, treatment centers and other health care institutions providing personal care or treatment for any type of physical or mental condition.  The agent shall have the same right to visit the principal in the hospital or other institution as is granted to a spouse or adult child of the principal, any rule of the institution to the contrary notwithstanding.

(3) The agent is authorized to contract for any and

all types of health care services and facilities in the name of and on behalf of the principal and to bind the principal to pay for all such services and facilities, and to have and exercise those powers over the principal's property as are authorized under the statutory property power, to the extent the agent deems necessary to pay health care costs; and the agent shall not be personally liable for any services or care contracted for on behalf of the principal.

(4) At the principal's expense and subject to

reasonable rules of the health care provider to prevent disruption of the principal's health care, the agent shall have the same right the principal has to examine and copy and consent to disclosure of all the principal's medical records that the agent deems relevant to the exercise of the agent's powers, whether the records relate to mental health or any other medical condition and whether they are in the possession of or maintained by any physician, psychiatrist, psychologist, therapist, hospital, nursing home or other health care provider.

(5) The agent is authorized: to direct that an

autopsy be made pursuant to Section 2 of "An Act in relation to autopsy of dead bodies", approved August 13, 1965, including all amendments; to make a disposition of any part or all of the principal's body pursuant to the Illinois Anatomical Gift Act, as now or hereafter amended; and to direct the disposition of the principal's remains.

(Source: P.A. 93‑794, eff. 7‑22‑04.)

(755 ILCS 45/4‑11) (from Ch. 110 1/2, par. 804‑11)

Sec. 4‑11.

Applicability ‑ inconsistent Acts.

This Article applies to all
health care providers and other persons in relation to all health care
agencies on and after the effective date of this Article.  This Article
supersedes all other Illinois Acts or
parts thereof existing on the effective date of this Article to the extent such
other Acts are inconsistent with the terms and operation of this Article;
provided, that this Article does not affect the law governing emergency health
care.  If the principal has a living will under the "Illinois Living Will
Act", as now or hereafter amended, the living will shall not be operative so
long as an agent is available who is authorized by a health care agency to
deal with the subject of life‑sustaining or death‑delaying procedures for
and on behalf of the principal.

(Source: P.A. 85‑701.)

(755 ILCS 45/4‑12) (from Ch. 110 1/2, par. 804‑12)

Sec. 4‑12.

Saving clause.

This Act does not in any way
invalidate any health care agency executed or any act of any
agent done, or affect any claim, right or
remedy that accrued, prior to September 22, 1987.

(Source: P.A. 86‑736.)

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