Legal Question in Elder Law in Illinois

is next of kin automatically the power of attorney, if unable to make decisions on there own appone arrival to hospital? if so how can the POA be changed to someone else, or rights given back to the person if able?


Asked on 7/07/16, 11:13 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

No one is automatically a poa - a poa is a written document. If there is no health care power, then the law sets forth specific guidelines as tro whom can make the healthcare decisions. - spouse, kids, etc. which is why ist is a good idea to have a healthcare poa - to prevent these battles.

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Answered on 7/08/16, 5:04 am


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