Illinois Statutory Short Form Power of Attorney for Health Care
The Illinois Power of Attorney Act (755 ILCS 45) provides two standard statutory forms — one for property and one for health care. The health care form is the document that gives your agent authority to make medical decisions, choose care facilities, access medical records, and consent to or refuse treatment when you can no longer decide for yourself. It's a separate document from the property POA, with different witnessing requirements and a different scope of authority.
What the Health Care POA Covers
Under 755 ILCS 45/Article IV, the agent you name on this form can:
- Consent to or refuse medical treatment — surgery, medications, therapies, diagnostic procedures
- Choose health care providers and facilities — hospitals, nursing homes, rehabilitation centers, hospice programs
- Access protected health information under HIPAA — medical records, test results, treatment plans, billing records
- Make decisions about life-sustaining treatment — but only if the principal specifically grants this authority in the document (the form has a separate section for this)
- Authorize organ and tissue donation (anatomical gifts) — again, only if the principal affirmatively opts in on the form
- Consent to psychiatric admission — Illinois is one of the states that allows this under the health care POA, though facilities may still require additional safeguards
The agent's authority activates either immediately upon signing (if the principal chooses immediate effect) or when the attending physician determines in writing that the principal lacks decision-making capacity.
Witnessing Requirements (Different from Property POA)
The health care form requires at least one adult witness, but the restrictions on who can serve are different from the property form:
Cannot witness the health care POA:
- The agent named in the document
- A relative of the principal by blood, marriage, or adoption
- A relative of the agent
- The principal's attending physician
- An owner or operator of any health care facility where the principal is receiving care
Can witness: A neighbor, friend, coworker, clergy member, or any other adult who isn't disqualified above.
Notarization is optional under the statute. In practice, notarizing the health care POA is worth doing — hospital risk-management departments and insurance companies are less likely to challenge a notarized document, and some institutions refuse to honor unnotarized POAs regardless of the legal requirements.
How It Differs from the Property POA
The two forms serve completely separate functions, and having one doesn't give your agent authority under the other:
| Health Care POA | Property POA | |
|---|---|---|
| Governing law | 755 ILCS 45/Art. IV | 755 ILCS 45/Art. III |
| Scope | Medical decisions, facility placement, HIPAA access | Financial transactions, real estate, government benefits |
| Witness required | Yes (1 minimum) | Yes (1 minimum) |
| Notary required | No (recommended) | Yes (mandatory) |
| Co-agents | Not permitted on statutory form | Not permitted on statutory form |
| 14-point Notice | Not required | Required — banks can reject without it |
Most families need both documents. A parent in a nursing home who only signed the health care form has an agent who can talk to doctors but can't pay the facility bill, access the bank account, or apply for Medicaid.
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Written Treatment Wishes and Other Directives
The health care POA addresses medical decisions, including life-sustaining treatment. If your parent has separate written wishes about that treatment, keep them with the POA and discuss them with the agent and medical team. Illinois's Uniform POLST form is a separate practitioner-order resource for clinical settings.
The agent must consider the principal's written wishes and the specific medical situation when making decisions.
For more on how advance directives work alongside the POA, including the POLST form used in clinical settings, see our full breakdown.
Getting It Right
The statutory form is designed for families to execute without an attorney. Download it, have your parent read through the options, initial the powers they want to grant, sign it with a qualified witness (and a notary for extra protection), and deliver copies to their primary care physician and the hospitals where they'd most likely be admitted.
The Illinois Power of Attorney & Guardianship Kit includes step-by-step instructions for both the health care and property forms, a delivery tracker for institutional copies, and a cross-reference guide showing how the two documents work together when a care crisis hits.
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