Sec. 4-6. Revocation and amendment of health care agencies.

349 words·~2 min read·/il/chapter-755/act-45/4-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 destroyed or defaced in a manner

indicating intention to revoke;

2. By a written revocation of the agency signed and 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;

3. By an oral or any other expression of the intent 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

4. For an electronic health care agency, by deleting 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.

(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.