Illinois passed the Healthcare Surrogate Act to lessen the emotional distress of physicians and family members who must make the decision to forgo lifesaving treatment on behalf of another person. The Act helps doctors by listing surrogate decision-makers in order of priority by law. Further, it provides certain protections to surrogate decision-makers once they've made the choice to end or withhold treatment.
Purposes
Illinois' Healthcare Surrogate Act serves three purposes. It defines the circumstances under which a surrogate may make the decision to withhold or end life-sustaining treatment. It establishes a process for decision-making by listing available surrogates in order of priority, and it explains the rights and duties of surrogates.
Applicability
The Act is applicable to terminally ill individuals who lack the capacity to make decisions for themselves. It does not, however, override advance directives expressed in any existing living will, a previously drafted declaration for mental health care, and/or the decisions of a power of attorney for health care.
Surrogate Decision-Makers
Physicians and health care providers have the primary responsibility of identifying a health care agent who has the power of attorney to make decisions for a medically incapacitated individual. In the event that such an agent does not exist, the following persons, listed in order of priority, may make a life-sustaining treatment decision: guardian, spouse, adult son or daughter, parent, adult sister or brother, adult grandchild, close friend and/or estate guardian.
Conscience of Health Care Provider
Illinois' Healthcare Surrogate Act takes into account the feelings and personal beliefs of treating physicians who are not comfortable with ending life-sustaining treatment. For instance, if a treating physician feels that he cannot take an incapacitated person off of life support, the doctor may address these concerns with the hospital or health care facility's administration. Administration would then arrange to have the person transferred to a facility that will support the surrogate's wishes.
Surrogate Protection Under the Act
Ilinois' Healthcare Surrogate Act legally protects surrogates from charges of murder or suicide for making a decision to withdraw or withhold life-sustaining treatment. Further, it does not affect, impair or invalidate payments to beneficiaries from any life insurance policies that may be conditional upon the death of the incapacitated individual.
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