Legal Question in Elder Law in Illinois

The parent has the primary right to make his or her own determination, unless the parent is no longer "decisional" and one or another "power" kicks into play. Unfortunately, many times the power is not made known to health care facilities (nursing homes, hospitals....) and while the facility may have some duty to inquire whether there is such a document, if after they do reasonable due diligence and conclude there is not, then "next of kin" or nearest relation MAY be called upon. And it has to be the right "power of attorney".