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What If Your Patient is Incapable of Making Health Care Decisions – and Has No Designee?
Posted on: 1/3/2018

Health care has become increasingly complicated and health law must evolve with medical breakthroughs. For nearly three decades Illinois courts have followed the Health Care Surrogate Act* for guidance on life-sustaining medical treatment decisions.


How does the Act impact doctors?

If your patient lacks decision-making capacity and did not previously execute a durable power of attorney (POA) for health care nor write a living will, this law outlines the role of health care surrogates.

Learn more by accessing A Physician’s Guide to Advance Directives: Health Care Surrogates, an ISMS medical legal guideline covering how health care surrogacy works, what documents physicians need, and what procedures should be followed. The resource also covers immunity for physicians and includes handy checklists.  

Access this resource today!

Please note that ISMS cannot provide legal advice, and private legal matters should be referred to your practice attorney. If you have questions, please contact the ISMS Legal Department at 800-782-4767 or send an email.

*First enacted in 1991.

This ISMS medical legal guideline is a member benefit and is password protected.

If you need to request a username and password, contact online support at 888-476-7776 or onlinehelp@isms.org between 8:30 a.m. and 4:45 p.m. After-hours requests are answered promptly the next business day. You may also register online or retrieve your username or password.   

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