Estate planners adopt and adapt the new HCPOA form
Health care attorneys in Illinois saw the need for a simpler, more user-friendly statutory form for clients to declare who would hold their health care power of attorney and how that person should proceed. Elder law attorneys objected to what they saw as "dumbed down," vague, or simplistic language that might leave the elderly vulnerable to the unscrupulous.
The Illinois legislature unanimously passed a bill to change the statutory form. The bill was originally drafted by the Illinois State Medical Society (ISMS) with input from the ISBA and other groups. It became Pub. Act 98-1113 and took effect January 1, 2015. And now, estate planning attorneys have begun to put it into place, with some caveats and wrinkles that they are finding useful in honing the new language to ensure that it serves their clients well.
Find out more about how lawyers are using the new form in the April Illinois Bar Journal.
Member Comments (3)
Question:
Can I download the new HCPOA to fill in on my computer? How and where?
Ron Babb
You may copy and paste the text from the Illinoiss General Assembly Web site (http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500450HArt%2E+...) or download a copy in Microsoft Word format from the Illinois State Bar Association Web site (http://www.isba.org/resources/poaforms).
The WealthCounsel Illinois Forum polled its members regarding the new Power of Attorney for Health Care. Some members are using the statutory form, while others asked for a more meaningful document. Many of our members refuse to use the new statutory form because of its perceived shortcomings. In fairness, many of our members are also actively practicing in the Elder Law area.
Furthermore, the statute itself is vague regarding what constitutes a "statutory" form Power of Attorney and what benefits there are of using a statutory form.
For as important as this document is to Estate Planners and Elder Law practitioners, I am surprised that more input wasn't sought from the members of the bar that practice in those areas before the final Amendment to the Act was approved. The new statutory form, in its attempt at "simplification," ignores important issues that we deal with on a daily basis, and makes it appear as though the decisions to be made by the client are, likewise, simple. Nothing could be farther from the truth.