Health Care Surrogate Decision Makers *

The Health Care Surrogate Act allows your family members, friends or
guardians (called surrogates) to make a broad range of medical treatment
decisions on your behalf, including decisions about life support. A surrogate is
allowed to make such decisions only if:


• you cannot make and communicate these decisions on your own, and 
  
• you do not have other advance directives, such as a Living Will or Health
  Care Power of Attorney in effect, or they are not applicable or invalid.
  
  
  Examples:
  You have signed a Power of Attorney for Health Care, but the person you
  appointed as your agent has died, and you are no longer able to make or
  communicate your own health care decisions. Because there is no agent,
  your Power of Attorney is not operative. Your friends, family or guardian can
  make medical treatment decisions on your behalf under this law.
  You have signed a Living Will stating your desire not to receive life
  support, and you are no longer able to make or communicate your own
  health care decisions. A decision must now be made about whether to
  change your medications. Because this is not an issue concerning life
  support, your Living Will is not applicable. Your friends, family or guardian
  can make the decision concerning your medication under this law.
  
  A Surrogate Decision Maker can make health care decisions on your behalf
  only if your treating doctor certifies in writing that you lack the ability to
  make and communicate your own decisions about medical treatment.
  
  If a doctor makes that decision, the doctor is then required to try to
  determine whether you have another kind of advance directive regarding
  medical treatment, such as a Health Care Power of Attorney.
  
  If the doctor cannot identify a valid or applicable advance directive, the
  doctor must try to determine whether you have any relatives or friends
  available to serve as a surrogate. Once a surrogate is identified, that person
  is legally authorized to make a decision on your behalf. The doctor is then
  legally authorized to follow the surrogate’s decision on medical
  treatment.
  
  When making decisions, the surrogate is required to do what he or she
  thinks you would want done under the circumstances, and he or she should
  take into consideration your personal, religious, and moral values.

• terminally ill,
  
• permanently unconscious, or 
  
• have an incurable or irreversible medical condition that will ultimately
  result in death and which causes severe pain or some other inhumane
  burden.

• The patient's legally appointed "guardian of the person";
  
• The patient's spouse;
  
• Any adult son or daughter of the patient;
  
• Either parent of the patient;
  
• Any adult brother or sister of the patient;
  
• Any grandchild of the patient;
  
• A close friend of the patient;
  
• The patient's legally appointed "guardian of the estate."

Published by: Illinois Legal Aid