- You are in a serious accident or are sick enough to be hospitalized – you can’t make medical decisions for yourself.
- Who will make decisions when the doctors ask?
- Without the proper legal document, the first relative who arrives at the hospital may be called upon to make critical and personal medical decisions.
- In one case, hospital staff refused to give a woman information about her same-sex partner of 10 years, instead insisting that she give them names of blood relatives for contacts. Things were eventually straightened out, but the proper legal document would have helped avoid the situation in the first place
In Illinois this document is called a power of attorney for health care. In other states, it may be known as a health care proxy or a medical power of attorney. You are the “principal.” The person you appoint to make medical decisions for you is your “agent.”
Practical Tip: Use a small satchel to carry each other’s health care documents as well as copies of financial powers of attorney and certificates of domestic partnership, civil union or marriage. When the call comes that you’ve been rushed to the hospital, most people will rush to be with you rather than go home for your health care documents.
Remember, unless you have a power of attorney for health care that appoints your partner to make health care decisions, she or he has no authority to do so. This document can give your partner other rights, including:
- visiting you in the hospital or other facility even when other visiting is restricted;
- hiring and firing medical personnel or moving you to a different facility;
- making decisions about your medical care if you become incapacitated;
- dmaking end-of-life decisions.
In Illinois, the Health Care Power of Attorney is created and authorized by statute in the Illinois Powers of Attorney for Health Care Law, 755 ILCS 45/4-1 et seq.