Why Do I Need a Power of Attorney for Health Care?

 Posted on December 19, 2025 in Estate Planning

Planning ahead for your future medical needs can feel like a daunting proposition and a difficult subject to consider. Nobody wants to think about a time when their own care may be out of their control. However, it is beneficial to ensure that important decisions about your own medical care are in the hands of someone you trust and who knows your wishes. Drafting a health care power of attorney can help make sure that your preferences are followed.

At Loire Krajniak Law, LLC, our Oswego estate planning attorney has over a decade of legal experience and maintains active membership in the Illinois State Bar Association. When you work with us, we will go to great lengths to help you find peace of mind with a customized estate planning solution.

What a Power of Attorney for Health Care Can Cover in 2026

A health care power of attorney allows you to choose an agent to make decisions about your care on your behalf. He or she will also have access to your medical information to allow for informed decision-making. It will typically take effect if you become incapacitated and unable to make decisions about your own care. Many people choose a close friend or family member to carry out this duty. Keep in mind that the appointed agent must be at least 18 years old and of sound mind.

The agent will have the legal power to make important decisions about the type of treatment that you will receive. The agent can also approve your admission or transfer to a hospital, a hospice facility, or other health care location. After your death, the agent has the power to carry out your wishes about how your remains will be treated.  Your agent can carry out burial, cremation, and make the call on whether to donate your organs.

What Is an Advance Directive?

As part of a power of attorney for health care, you can include a living will or advance directive. This document is a set of instructions that can help the agent make decisions about your care. These should be based on your personal beliefs and help the agent clearly understand your wishes. You can include options such as a Do Not Resuscitate (DNR) Order, a Practitioner Orders for Life-Sustaining Treatment (POLST), or other instructions for end-of-life care under 755 ILCS 54/4-1. Without these tools, your loved ones may struggle with these difficult and emotional matters.

Can You Modify a Health Care Power of Attorney Later?

In Illinois, you can change your health care power of attorney as long as you are of sound mind. To do this, you simply create a new document that clearly states it replaces the old one. You must sign the new form in front of a notary public and two witnesses, just like the original. Be sure to give copies of the updated form to your agent, your doctors, and any hospital where you receive care. You should also destroy all copies of the old form so there is no confusion about which document applies.

If your needs change over time, you should update the form right away. Even small changes, like adding a preference for pain management or organ donation, require a new signed and witnessed document. That way, your most current wishes will guide any health care decisions made on your behalf.

What Are the Requirements for Setting Up a Power of Attorney in Oswego?

There are multiple steps and requirements that you have to observe while setting up a power of attorney. First, you must be 18 years of age and have the mental capacity to understand what you are signing. Per the Illinois Department of Public Health, you must also sign the document in front of a witness, who must provide his or her signature as well. The document does not have to be notarized, but it may give the document more credibility later if challenged.

Note that the witness cannot be your health care provider, an employee of the health care facility where you are treated, or a relative by blood, marriage, or adoption. After signing, keep the original in a safe but accessible place. Give copies to your chosen agent, your doctor, and anyone else who may need to follow your instructions.

Is My Power of Attorney Effective While I Am Incapacitated?

You may understandably worry about enforcing your POA if you become incapacitated. In Illinois, powers of attorney are "durable" by default, which means that they will remain in effect even if you cannot express your wishes. 

Some people also draft "springing" powers of attorney, which only go into effect once a doctor certifies that they are incapacitated. By understanding these rules, you can create a health care power of attorney that works exactly as you intend, no matter what the future holds.

Contact an Oswergo, IL Living Will Attorney

Setting up a power of attorney is an important part of your estate plan. Loire Krajniak Law, LLC can guide you through the process of drafting a health care power of attorney so that you can rest easy. Call us at 630-448-2406 to set up a free consultation with our Kendall County, IL estate planning lawyer today.