Tenants by the Entirety Pending Legislation Federal Health Reform Implementation

Durable Powers of Attorney for Health Care and Property Pending Legislation

HB6477, which is making its way through the General Assembly, makes numerous substantive changes to the Illinois Durable Power of Attorney Act.  Among them, provisions relating to an agent’s record keeping and disclosures, and remedies when agents abuse his or her duties.  In addition, more and more institutions require a certification that the document is in effect. The pending legislation provides an agent  certification form for that purpose.  The changes would also confirm that the agent under the Health Care Power of Attorney, as an authorized representative under HIPAA, would be authorized to disclose confidential health information.

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