(January 2004) Download Article in PDF Format

The recent Terry Schiavo case has re-focused national attention on the subject of health care decision-making. (Mrs. Schiavo is the Florida woman who has been in a coma for the past 13 years. Her husband and parents are fighting over whether the woman's feeding tube can be removed.) Mrs. Schiavo's story is heartbreaking for a number of reasons, but perhaps the biggest tragedy is how easily the above dispute could have been avoided through the use of a power of attorney for health care.

Simply put, a power of attorney for health care is a document that allows you to appoint an agent to make health care decisions for you if you cannot do so. The Illinois statutory form for a health care power of attorney also allows you to indicate your wishes regarding life-sustaining treatment (thereby providing importance guidance to your agent) and, if desired, to arrange for the donation of your organs at death.

A properly executed power of attorney for health care should eliminate the need for a court to monitor your situation (via a guardianship proceeding) if you become disabled. Guardianship proceedings can be very expensive, and the judge - not you - will be choosing the person making health care decisions on your behalf.

I prepare powers of attorney for health care for all of my estate planning clients, free of charge - they're relatively easy to prepare, and can be VERY valuable in certain situations. I also prepare powers of attorney for property (which allow you to appoint an agent to manage your finances, pay bills, etc. if you are unable to do so) at no charge for my estate planning clients.

For more information regarding powers of attorney, please consult a qualified estate planning attorney.