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In general, an agent (sometimes referred to as an “attorney-in-fact,” which is very different from an “attorney-at-law”) may be anyone who is legally competent and over the age of majority, even if they are not a resident of Illinois. Most people select a close family member such as a spouse, sibling or adult child. However, any person—such as a friend or a professional—whom you trust to express your opinions about your health care when you cannot do so would be ideal. Because of the increasing number of older adults who have no family members whom they can name as agent in a Power of Attorney for Health Care, there are a growing number of professionals—both individuals and companies—who can be retained to serve as your health care agent. Our office has worked with many of them to the benefit of our clients.
In Illinois, you can only have one Health Care Agent serve at a time. However, you can name as many other agents to serve, one at a time in the order listed, if your primary choice for your Health Care agent is unable or unwilling to act.
Illinois law states that whenever an agent is exercising the power which you have delegated to the agent, “the agent shall act in good faith for the benefit of the [person signing the Power of Attorney for Health Care] using due care, competence, and diligence in accordance with the terms of the agency and shall be liable for negligent exercise.” In other words, your agent owes you a duty to carry out your wishes carefully and faithfully, and to place your best interests above those of the agent or any other person.
Schening & Dopke Law, LLC is located in South Elgin, IL and serves clients throughout Kane, DuPage, DeKalb and Cook Counties and the surrounding areas.
