Illinois Compiled Statutes 755 ILCS 45/4-6 – Revocation and amendment of health care agencies
Current as of: 2024 | Check for updates
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(a) Unless the principal elects a delayed revocation period pursuant to subsection (a-5), every health care agency may be revoked by the principal at any time, without regard to the principal’s mental or physical condition, by any of the following methods:
1. By being obliterated, burnt, torn, or otherwise
1. By being obliterated, burnt, torn, or otherwise
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destroyed or defaced in a manner indicating intention to revoke;
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2. By a written revocation of the agency signed and
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dated by the principal or person acting at the direction of the principal, regardless of whether the written revocation is in an electronic or hard copy format;
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3. By an oral or any other expression of the intent
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to revoke the agency in the presence of a witness 18 years of age or older who signs and dates a writing confirming that such expression of intent was made; or
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4. For an electronic health care agency, by deleting
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in a manner indicating the intention to revoke. An electronic health care agency may be 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. Compliance with the standards defined in the Uniform Electronic Transactions Act or the implementing rules of the Hospital Licensing Act for medical record entry authentication for author validation of the documentation, content accuracy, and completeness meets this standard.
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(a-5) A principal may elect a 30-day delay of the revocation of the principal’s health care agency. If a principal makes this election, the principal’s revocation shall be delayed for 30 days after the principal communicates his or her intent to revoke.
(b) Every health care agency may be amended at any time by a written amendment signed and dated by the principal or person acting at the direction of the principal.
(c) Any person, other than the agent, to whom a revocation or amendment is communicated or delivered shall make all reasonable efforts to inform the agent of that fact as promptly as possible.
Terms Used In Illinois Compiled Statutes 755 ILCS 45/4-6
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Health care: means any care, treatment, service or procedure to maintain, diagnose, treat or provide for the patient's physical or mental health or personal care. See Illinois Compiled Statutes 755 ILCS 45/4-4
- Health care agency: means an agency governing any type of health care, anatomical gift, autopsy or disposition of remains for and on behalf of a patient and refers, in either hard copy or electronic format, to the power of attorney or other written instrument defining the agency or the agency, itself, as appropriate to the context. See Illinois Compiled Statutes 755 ILCS 45/4-4
(b) Every health care agency may be amended at any time by a written amendment signed and dated by the principal or person acting at the direction of the principal.
(c) Any person, other than the agent, to whom a revocation or amendment is communicated or delivered shall make all reasonable efforts to inform the agent of that fact as promptly as possible.