Being able to step in and make medical decisions for a seriously ill spouse is unquestioned. Being able to do so for a seriously ill gay partner is not. Unlike married couples, same-sex couples have no legal rights or protection without clear legal documents that spell them out.
To be certain that medical decisions stay in the hands of your partner, you need to prepare the right legal documents. In Illinois these documents are known as a power of attorney for health care and a living will.
Health Care and End-of-Life Issues
Often doctors and other medical providers will look to a family member as defined by state law to make medical decisions for you if you can’t do so for yourself. Most states give that authority to a legally recognized spouse, adult children, parents and other blood relatives. Unless you have a power of attorney for health care that appoints your partner to make these decisions, she or he has no authority to do so. Often times, biological family members can, and do, exclude same-sex partners from decisions. 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.
A living will acts as your written directions to medical personnel about whether you want death-delaying procedures used if you have a terminal condition and are unable to communicate your wishes. This document can provide a clear statement of your wishes in the event that your biological family has different views and/or does not want your partner making decisions.
In Illinois, the Health Care Power of Attorney and the Living Will are created and authorized by statute in the Illinois Powers of Attorney for Health Care Law, 755 ILCS 45/4-1 et seq., and the Illinois Living Will Act, 755 ILCS 35/1 et seq.
Planning. No one can do it for you. Failing to plan could have lasting effects on your future and that of your loved ones. Make the time to create the legal documents that will ensure that you control who makes health care decisions for you when you can’t.