Did you know?
Your Power of Attorney for Healthcare (“Healthcare POA”) can be validly signed using an appropriate electronic signature platform.
The Illinois legislature provides for satisfaction of the signature requirements by (i) written signatures or initials, or by (ii) electronic signatures or computer-generated signature codes.
Specifically, the Illinois Powers of Attorney For Healthcare Law states that electronic documents under the statute may be created, signed, or revoked electronically using a generic, technology-neutral system in which each user is assigned a unique identifier that is securely maintained and in a manner that meets the regulatory requirements for a digital or electronic signature.” 755 ILCS 45/4-10.
That’s a mouthful! What does it mean, practically?
For those wishing to electronically sign their Healthcare POA, it means that you can legally use DocuSign® or another e-signature platform that complies with the Illinois Electronic Commerce Security Act to sign your Healthcare POA.
How can my family and I use this information?
In these restricted days living with the Covid pandemic limitations, you and your family members are able to work with Marc D. Sherman & Colleagues, P.C. by phone, video conference and email to create an enforceable Healthcare POA and then to e-sign the document.
When a loved one is admitted to a hospital or other healthcare facility, they are sometimes presented with a ‘standard’ form of Healthcare Surrogate designation. However, decisions such as end-of-life treatment (or withholding of treatment), organ donation, the limitation of certain types of treatment because of religious or cultural considerations, are often more thoroughly discussed before admission to a healthcare facility.
Guidance from legal counsel and open discussion with family members usually produces a more reasoned and thorough review, and less stress. The objective, of course, is to avoid having to make last minute decisions and incomplete selection of alternatives at a time when admission to a healthcare facility is imminent.
If you have questions, or you wish to prepare your Healthcare POA, reach out to Marc Sherman to arrange for a confidential discussion (mshermanlawoffice@icloud.com).
