What Type of Power of Attorney Do You Need in Illinois to Place An Elderly Parent in a Nursing Home?

As our parents age, their ability to make decisions regarding their own care may decline. If your elderly parent can no longer manage their affairs, you may need legal authority to assist them, especially when it comes to placing them in a nursing home. In Illinois, the appropriate legal instrument to put a loved one in a nursing home is a Power of Attorney (POA). However, not all POAs grant the necessary authority to admit someone into a long-term care facility. Understanding the different types of POAs, how they function, and their legal requirements is crucial to ensuring your loved one receives the care they need.

In this blog, we explore the types of Power of Attorney available in Illinois, which one is required for nursing home placement, how to obtain one, and the legal considerations involved in making this important decision.

Understanding Power of Attorney in Illinois

A Power of Attorney is a legal document that grants an individual (the “agent” or “attorney-in-fact”) the authority to make decisions on behalf of another person (the “principal”). In Illinois, POAs are governed by the Illinois Power of Attorney Act (755 ILCS 45/), which outlines the rights and responsibilities of both the principal and the agent.

Types of Power of Attorney

There are two primary types of Power of Attorney in Illinois that are relevant to elder care decisions:

1. Power of Attorney for Healthcare – Grants authority over medical and healthcare-related decisions.
2. Power of Attorney for Property – Grants authority over financial and property-related matters.

Each type serves a distinct purpose, and both may be necessary depending on the situation. However, when it comes to admitting an elderly parent into a nursing home, the Power of Attorney forHealthcare is the most crucial.

Power of Attorney for Healthcare

What Is It?

A Power of Attorney for Healthcare (POA-HC) in Illinois allows the agent (you) to make medical and personal care decisions for the principal (your loved one), including decisions about long-term care and nursing home placement. This document is essential if your parent is unable to make decisions due to mental or physical incapacity.

Key Responsibilities of the Agent

An agent with a POA-HC may:

• Make healthcare decisions on behalf of the principal.
• Consent to medical treatments or procedures.
• Choose healthcare providers and facilities, including nursing homes.
• Decide on end-of-life care, including Do Not Resuscitate (DNR) orders.

Legal Requirements for a Valid POA-HC in Illinois

For a Power of Attorney for Healthcare to be legally binding in Illinois, it must:

• Be signed by the principal while they are still mentally competent.
• Be witnessed by at least one adult who is not the agent, healthcare provider, or someone responsible for the cost of care.
• Clearly state the agent’s powers and any limitations imposed by the principal.

Power of Attorney for Property and Its Role in Nursing Home Placement

What Is It?

A Power of Attorney for Property (POA-P) gives the agent the authority to handle financial matters, such as paying bills, managing bank accounts, and handling real estate transactions. While this document does not directly authorize the placement of a parent in a nursing home, it plays an important supporting role by ensuring that financial arrangements for their care are handled appropriately.

Key Responsibilities of the Agent

An agent with a POA-P may:

• Access the principal’s bank accounts to pay for nursing home expenses.
• Apply for Medicaid or other financial assistance programs.
• Sell or manage the principal’s property to cover long-term care costs.
• Handle insurance claims and benefits.

While a POA-P does not provide authority to admit a parent into a nursing home, it ensures that the financial aspects of their care are managed efficiently.

Choosing the Right Power of Attorney

If you anticipate that your parent may require nursing home care, it is advisable to have both a Power of Attorney for Healthcare and a Power of Attorney for Property in place. These documents will ensure that you can make healthcare decisions and manage finances to support their care.

When Is a Guardianship Required?

If your elderly parent is already incapacitated and does not have a POA in place, you may need to pursue legal guardianship through the court system. Guardianship is a more complex and time-consuming process, requiring court approval and ongoing oversight. To avoid this, it is best to establish a POA while your parent is still legally competent and able to make decisions on their own.

How to Obtain a Power of Attorney in Illinois

Step 1: Discuss with Your Parent

The first step is to have an open conversation with your parent about their wishes for medical care and financial management, including nursing home care. It is important that they understand what a POA is and how it will be used.

Step 2: Consult an Attorney

While Illinois provides statutory POA forms that can be completed without a lawyer, consulting an elder law attorney can ensure that the document is properly drafted, legally valid, and tailored to your parent’s specific needs.

Step 3: Complete and Sign the Documents

• Download the appropriate POA forms from the Illinois Secretary of State’s website or obtain them from an attorney.
• Fill out the forms with the necessary details, including the agent’s name and powers granted.
• Sign the forms in the presence of a witness to make them legally binding.

Step 4: Provide Copies to Relevant Parties

Once executed, provide copies of the POA documents to:

• Your parent’s primary care physician.
• The chosen nursing home or long-term care facility.
• Financial institutions and insurance providers (for POA-P).
• Any other relevant healthcare providers.

Frequently Asked Questions (FAQs) about Power of Attorney in Illinois

1. Can I Use a Power of Attorney to Put My Parent in a Nursing Home Against Their Will?

No. A Power of Attorney grants decision-making authority but does not override the parent’s rights if they are still legally competent. If they refuse to enter a nursing home and are mentally capable of making decisions, a POA cannot force them to do so.

2. What If My Parent Is Already Incapacitated and Has No POA?

If your parent is already mentally incapacitated and does not have a POA in place, you will likely need to petition the court for guardianship. Guardianship is a legal process that grants a person authority to make medical and financial decisions on behalf of the incapacitated individual.

3. Can a Nursing Home Require a POA?

While a nursing home cannot legally require a POA, many facilities prefer that a designated agent is in place to make decisions if necessary. This can help prevent disputes and ensure continuity of care.

4. Can a POA Be Revoked?

Yes. As long as your parent is still mentally competent, they can revoke or change their POA at any time by signing a revocation document and notifying relevant parties.

Contact the Top-Rated Illinois Elder Abuse Lawyers at John J. Malm & Associates

In Illinois, the Power of Attorney for Healthcare is the key document needed to make decisions about placing an elderly parent in a nursing home. A Power of Attorney for Property may also be necessary to manage financial arrangements related to their nursing home care. These documents should be established while your parent is still legally competent to avoid the complexities of guardianship.

If you are considering placing your parent in a nursing home, contact the award-winning Illinois nursing home abuse and neglect lawyers at John J. Malm & Associates. We offer free consultations and can help guide you to the right nursing home for your family.