  mportant Information
Statement Of Illinois Law On Advance Directives And DNR Orders
Last updated July 2005
You have the right to make decisions about the healthcare you get now and in the future. An advance directive is a written statement you prepare about how you want your medical decisions to be made in the future, if you are no longer able to make them for yourself. A do not resuscitate order (DNR order) is a medical treatment order that says cardiopulmonary resuscitation (CPR) will not be used if your heart or breathing stops.
Federal law requires that you be told of your right to make an advance directive when you are admitted to a healthcare facility. Illinois law allows for the following three types of advance directives:
- Healthcare Power Of Attorney
- Living Will
- Mental Health Treatment Preference Declaration
In addition, you can ask your physician to work with you to prepare a DNR order. You may choose to discuss with your doctor different types of advance directives and DNR orders. After reviewing information regarding advance directives and DNR orders, you may decide to make more than one. For example, you could make a healthcare power of attorney and a living will.
If you make one or more advance directives and/or a DNR order, tell your doctor and other healthcare providers and provide them with a copy. You may also want to provide a copy to family members, and to those you appoint to make these decisions for you.
State law provides copies of sample advance directives forms and DNR order forms. Download forms now.
Do-Not-Resuscitate Order
You may also ask your doctor about a Do-Not-Resuscitate order (DNR order). A DNR order is a medical order stating that cardiopulmonary resuscitation (CPR) will not be started if your heart or breathing stops. You may sign a document directing that should your heart or breathing stop, efforts to resuscitate you will not be started. Your attending physician may also sign a DNR order.
Before a DNR order may be entered into your medical record, either you or another person (your legal guardian, healthcare power of attorney or surrogate decision maker) must consent to the DNR order. This consent must be witnessed by two people who are 18 years or older. If a DNR order is entered into your medical record, appropriate medical treatment other than CPR will be given to you.
What Happens if You Don't Have an Advance Directive?
Under Illinois law, a healthcare "surrogate" may be chosen for you if you cannot make healthcare decisions for yourself and do not have an advance directive. A healthcare surrogate will be one of the following persons (in order of priority): guardian of the person, spouse, any adult child(ren), either parent, any adult brother or sister, any adult grandchild(ren), a close friend, or guardian of the estate.
The surrogate can make all healthcare decisions for you, with certain exceptions. A healthcare surrogate cannot tell your doctor to withdraw or withhold life-sustaining treatment unless you have a "qualifying condition," which is a terminal condition, permanent unconsciousness, or an incurable or irreversible condition. A "terminal condition" is an incurable or irreversible injury for which there is no reasonable prospect of cure or recovery, death is imminent and life-sustaining treatment will only prolong the dying process. "Permanent unconsciousness" means a condition that, to a high degree of medical certainty, will last permanently, without improvement; there is no thought, purposeful social interaction or sensory awareness present; and providing life-sustaining treatment will only have minimal medical benefit. An "incurable or irreversible condition" means an illness or injury for which there is no reasonable prospect for cure or recovery, that ultimately will cause the patient's death, that imposes severe pain or an inhumane burden on the patient, and for which life-sustaining treatment will have minimal medical benefit.
Two doctors must certify that you cannot make decisions and have a qualifying condition in order to withdraw or withhold life-sustaining treatment. If your healthcare surrogate decision maker decides to withdraw or withhold life-sustaining treatment, this decision must be witnessed by a person who is 18 years or older. A healthcare surrogate may consent to a DNR order, however, this consent must be witnessed by two individuals 18 years or older.
A healthcare surrogate, other than a court-appointed guardian, cannot consent to certain mental health treatments, including treatment by electroconvulsive therapy (ECT), psychotropic medication or admission to a mental health facility. A healthcare surrogate can petition a court to allow these mental health services.
Final Notes
You should talk with your family, your doctor, and any agent or attorney-in-fact that you appoint about your decision to make one or more advance directives or a DNR order. If they know what healthcare you want, they will find it easier to follow your wishes. If you cancel or change an advance directive or a DNR order in the future, remember to tell these same people about the change or cancellation.
No facility, doctor or insurer can make you execute an advance directive or DNR Order as a condition of providing treatment or insurance. It is entirely your decision. If a facility, doctor or insurer objects to following your advance directive or DNR order then they must tell you or the individual responsible for making your healthcare decisions. They must continue to provide care until you or your decision maker can transfer you to another healthcare provider who will follow your advance directive or DNR order.
Available Adobe PDF Files
Please click on the benefit links below to view as Adobe PDF documents.
If you do not have Adobe Acrobat Reader, please click on the Adobe Reader icon below to download the FREE version.
|
