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Advance Directives DO NOT RESUSCITATE ORDERS DIRECT REPRESENTATION CDEL volunteer attorneys represent persons What is a Do Not Resuscitate Order? regarding a wide range of civil legal issues, including: A Do Not Resuscitate Order (DNR) is a medical order that declares what type of • Landlord/Tenant resuscitation, if any, a patient would want if • Simple Wills the patient’s heart or breathing stops. DNR • Family Law forms are medical orders and must be signed • Financial Elder Abuse by the patient and the physician. • Guardianship • Collection What is a POLST form? • ADA Discrimination Practitioners Order for Life Sustaining CDEL CLINICS Treatment (POLST) is a new form of DNR. POLST assists health care professionals to Senior Legal Assistance Clinic (SLAC) know what type of end-of-life care that the CDEL operates ten Senior Legal Assistance patient would or would not want. It allows Clinics to allow seniors to obtain services patients to say what type of treatment they in their community. The clinics are located would want and have assurances that the in Bellwood, Blue Island, Chicago Heights, health care providers will follow their wishes. North Riverside, Palos Heights, and in high- need areas of Chicago. Each clinic is open The POLST form is not intended to replace at least once a month by appointment only. a Power of Attorney for Healthcare, but is Call 312.600.6407 for details and to make an designed to assist decision makers in making appointment. these important decisions. Veterans Legal Clinic What is a Healthcare Surrogate? CDEL operates the Veterans Legal Clinic, The Healthcare Surrogate Act is a law that located at the Jesse Brown VA. The clinic is 79 W. Randolph, Ste 1610 decides who makes the decision to end life open by appointment only. Call 312.600.6405 Chicago, IL 60606 sustaining treatment if there are no Advance for details and to make an appointment. Phone: 312.376.1880 Directives. The law creates a priority list to Fax: 312.376.1885 make the decision (in order): Guardian of Pro Se Adult Guardianship Help Desk Email: [email protected] CDEL operates the Pro Se Adult Guardianship the Person, Spouse, Adult Children, Parents, Website: cdelaw.org Siblings, Grandchildren, Close Friend, Help Desk in the Daley Center. The Help Desk Guardian of the Estate. The physician taking offers assistance to those seeking to represent care of the patient is to contact the person themselves as petitioners in the appointment highest on the priority list to make decisions of a guardian of the person for an alleged about terminating life-sustaining treatment. incapacitated person. Advance Directives FREQUENTLY ASKED QUESTIONS How long do Powers of Attorney last? What is the difference between a Powers of Attorney last throughout the Power of Attorney for Healthcare Principal’s life and generally terminate upon and a Living Will Declaration? What is a Power of Attorney? the Principal’s death, unless another time A Living Will Declaration is a statement of A Power of Attorney form is a legal document is designated by the Principal. Powers of intent to refuse medical treatment where death in which a competent person, known as a Attorney also terminate when the Principal is imminent. It does not authorize any specific Principal, authorizes an Agent to make formally revokes it, the Agent dies or becomes person to make decisions about life sustaining decisions and to act on the Principal’s behalf. incompetent, the Agent terminates the agency, treatment. The Power of Attorney for There are two types of Powers of Attorney. or a court removes the Agent. In addition, the Healthcare authorizes the Agent to continue The Power of Attorney for Property includes Principal can modify the Power of Attorney at or terminate life sustaining treatment. most financial and property decisions, and any time while the Principal still has capacity to the Power of Attorney for Healthcare, which make decisions. A Living Will Declaration is only valid if includes medical, health, and end-of-life there is no Power of Attorney for Healthcare. decisions. What if my Agent is not However, a Living Declaration may be acting in my interest? important even for individuals who have Who should I choose as my Agent? An Agent has a fiduciary duty to act in the a Power of Attorney, should the Power of The Principal should choose an Agent that interest of the Principal. If the Agent is not Attorney no longer be valid or to inform the the Principal knows well and trusts. An Agent acting in the interest of the Principal, the Agent named in the Power of Attorney of the must be at least 18 years old, competent, and Principal may revoke the Power of Attorney. wishes of the Declarant. may not be the Principal’s primary health care Also, a court may remove an Agent for provider. The Principal may name successor improperly fulfilling duties or other reasons. What is a Last Will and Testament? Agents, but not co-Agents. The Principal A Last Will and Testament, also known as a should discuss the Agent’s responsibilities and What is a Living Will Declaration? Simple Will, is a legal document in which the medical decisions with the Agent prior to A Living Will Declaration records the wishes of a competent person, known as a testator, creating the Power of Attorney. a declarant to withhold medical procedures states how his/her assets are to be divided that prolong the dying process where death is after death. A Simple Will is important even When do Powers of Attorney imminent. A Living Will Declaration becomes for people who do not have a large amount of take effect? effective when the declarant is unable to assets, as all competent adults have the right to The Power of Attorney takes effect upon communicate preferences regarding treatment. decide the disposition of their assets. signing or at another time designated by the The declarant may revoke a Living Will The testator also names an , the Principal. The Principal may select a later date Declaration at any time by written revocation executor person who assists in carrying out the terms or life event when the Power of Attorney may or by destroying the document. of the Simple Will. The testator may also become effective. Generally, the Agent acts set up a trust, make charitable contributions, under the Power of Attorney only when the or name a guardian of the testator’s minor Principal no longer has the capacity to make This brochure is for informational purposes only children in a Simple Will. personal decisions, or otherwise authorize the and does not constitute legal advice. Agent to act. It is not intended to advise any individual on any specific legal issue or legal problem..
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