How Do You Protect Your Family From Unexpected Medical Decisions in Illinois?

 Posted on November 19, 2025 in Estate Planning

Unexpected medical emergencies can happen to anyone. If you cannot speak for yourself, someone else will need to make choices about your care. Without guidance, your family may struggle to decide what you would have wanted. They may not even know who has authority. You can avoid confusion by planning ahead. A Homewood, IL power of attorney lawyer can guide you through these decisions and help you protect your loved ones.

Do You Need an Illinois Power of Attorney for Health Care?

A power of attorney for health care is one of the strongest ways to help your family know what to do during a medical emergency. This document lets you choose a trusted person to make decisions if you cannot speak for yourself. Your agent can talk with doctors, review medical records, and approve or decline treatments based on your stated preferences.

Under 755 ILCS 45/4-1, Illinois allows you to select an agent who must follow your wishes. This takes pressure off your family and gives them clear direction during what will undoubtedly be a stressful time. You can also name backup agents, and you can update the document at any time.

Who Can Make Medical Decisions for You if You Do Not Have Anything in Writing?

If you do not have your own documents, Illinois uses the Illinois Health Care Surrogate Act to make decisions about your medical treatment. This law gives specific relatives the authority to make medical decisions on someone else’s behalf. The order begins with a spouse, then adult children, parents, siblings, and other close family members. Hospitals must follow this order exactly, and they cannot skip someone because the family prefers another decision-maker.

While this system helps in emergencies, it may not match your personal wishes. Family members may disagree about your care. When you create a medical power of attorney, you stay in control and prevent conflict.

Can Your Adult Children Make Decisions for You Without a Legal Document?

In Illinois, adult children do not always have the authority to make medical choices for their parents. Adult children only gain authority if they are next in line under the Surrogate Act and if no one ahead of them is available.

Hospitals must follow this order. If you have a spouse, parent, or sibling available, those individuals may have priority over your children. Creating your own power of attorney removes any confusion.

When Should You Update Your Illinois Medical Planning Documents?

Your medical planning documents should change as your life changes. Some situations that would warrant an update include:

• A major change in your health or medical needs

• Marriage, divorce, or another shift in your family structure

• An adult child becoming old enough to serve as your agent

• The death or unavailability of the person you originally selected

• Moving into or out of Illinois and needing documents that follow local law

• A change in your relationship with your named agent

• New end-of-life preferences that you want written down

• The realization that someone else may now be a better fit to make decisions for you

Reviewing these documents every few years gives you peace of mind and ensures they reflect your current wishes.

Get a Free Consultation With a Country Club Hills, IL Estate Planning Attorney

Establishing a health care power of attorney is just one component of an estate plan. The experienced team at The Sherrod Law Firm, Ltd. can help you build a comprehensive plan to protect everything from your health to your assets. We have many repeat clients because we are dedicated to building long-term relationships and offering compassionate support for seniors who need clear and reliable guidance.

If you want to protect your health, ease the burden on your loved ones, and create a plan that supports your family’s future, call 312-321-6910 to schedule a free consultation with a Homewood, IL power of attorney lawyer today.