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Having A POA For Healthcare Is A Good Start, But Might Not Be Enough

A Power of Attorney For Healthcare tells the doctor who should make medical decisions in the event you are unable to do that yourself. The problem is that there could be a gap between your medical emergency and the healthcare provider’s ability to contact your POA. What if your POA isn’t around or reachable when you stop breathing or in that moment of a heart attack when a decision has to be made? What then? A delay in treatment can make a big difference in how you spend the balance of your days on earth.

That’s why in addition to your POAs (and your will), you need to take one more step to make sure your wishes are followed in the event of a medical emergency. You need an “Advance Directive,” also called a POLST (Physician Orders for Life Sustaining Treatment). The Illinois POLST is designed to help a person with an advanced illness and his or her physician craft a plan of action in the event of an emergency. The Illinois POLST identifies a person’s healthcare wishes prior to a life-threatening emergency and acts as a physician order. It protects a person’s wishes in all settings (i.e. hospital, home, nursing home.) By Illinois law, healthcare providers must do what your POLST says.
Having a prepared and signed POLST puts you in charge of the kind of treatment you want and fills the gap between your ability to verbally express your will to a medical provider and the moment when it becomes necessary for your POA for Healthcare to take over.

  • Here is a recent case regarding landlord/tenant litigation: Plaintiff landlord had entered into a five-year lease with SSM and that SSM later assigned this lease to defendant with plaintiff's consent. Defendant acknowledged that, upon assuming the lease and during the remaining term of the lease, defendant paid both the rent and the monthly payment for the HVAC improvements. However, defendant claimed that it was not obligated to pay the remaining cost of the HVAC improvements after the lease ended. The court said, Plaintiff alleges that defendant’s predecessor agreed that certain improvements to the property would be paid over a 15-year amortization schedule, in addition to the rent payments due during the 5-year term of the lease. Defendant then assumed its predecessor’s obligations when it was assigned the lease. Plaintiff alleges that it fully performed its HVAC obligation under the lease when it improved the HVAC units on the property. If plaintiff fully performed this requirement as it alleges, then the alleged debt to repay for these improvements had matured prior to the sale of the property. Our holding is similar to the holding in Metropolitan Trust, where the tenant’s rent debt had matured because the landlord had fully performed prior to the cancellation of the lease. Since defendant’s debt had allegedly matured, it did not pass on to the subsequent owners of the property. A.M. Realty Western, LLC. v. MSMC Realty, LLC. , 2012 IL App (1st) 121183 (November 30, 2012) Cook Co.,6th Div. (R. GORDON) Reversed and remanded

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