The unfortunate dispute between the husband and parents of Terry Schiavo has prompted many of our clients to review their health care powers of attorney and advance health care directives. Their review could not come at a more opportune time, due to recent changes in the law.
Illinois recently amended its durable health care power of attorney law to permit one’s agent to make anatomical gifts and, in fact, modified the statutory form of health care power of attorney to enable the principal – that is, the person creating the power of attorney – to designate such gifts and the particular organs to be donated for transplant and research.
In addition, the Health Insurance Portability and Accountability Act has created concerns that health care professionals may not be permitted to disclose information about the principal’s condition and prognosis to the designated agent, with the result that the agent may not be in a position to act in accordance with the principal’s wishes. Accordingly, we suggest that one’s health care power of attorney include a provision that will require medical professionals to provide all health care information to the designated agent.
Our firm believes these changes are sufficiently important and we will prepare a new health care power of attorney at no charge if we previously prepared your existing health care power of attorney. If you desire a new health care power of attorney, please contact Stephanie Jost at our office, who will take the necessary information from you. We will prepare and send to you a new health care power of attorney for your review and signature.