Illinois Compiled Statutes
755 ILCS 45/4-3 (2026)
General principles
✓ current as of May 2026
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(755 ILCS 45/4-3)
(from Ch. 110 1/2, par. 804-3)
Sec. 4-3. General principles. The health care powers that may be
delegated to an agent include, without limitation, all powers an individual
may have to be informed about and to consent to or refuse or withdraw any
type of health care for the individual and all powers a
parent may have to control or consent to health care for a minor child. A
health care agency may extend beyond the principal's death if necessary to
permit anatomical gift, autopsy, disposition of remains, or access to medical records. Nothing in this
Article shall impair or supersede any legal right or legal responsibility
which any person may have to effect the withholding or withdrawal of
life-sustaining or death-delaying procedures in any lawful manner, and the
provisions of this Article are cumulative in such respect.
(Source: P.A. 97-623, eff. 11-23-11.)
Notes of Decisions
Cited in 3
cases, 1996–1997 · leading case: Ficke v. Evangelical Health Sys., 674 N.E.2d 888 (Ill. App. Ct. 1996).
Ficke v. Evangelical Health Sys., 674 N.E.2d 888 (Ill. App. Ct. 1996). “Subsequently, the Illinois legislature passed article IV of the Powers of Attorney for Health Care Law (Powers of Attorney Law) (755 ILCS 45/4-1 (West 1992)), which permits an individual to delegate, "without limitation, all powers an individual may have to be informed about and…”
Ficke v. Evangelical Health Sys. (Ill. App. Ct. 1996). “Subsequently, the Illinois legislature passed article IV of the Powers of Attorney for Health Care Law (Powers of Attorney Law) (755 ILCS 45/4-1 (West 1992)), which permits an individual to delegate, "without limitation, all powers an individual may have to be informed about and…”
In re Hatsuye (Ill. App. Ct. 1997). “" 755 ILCS 45/4-3 (West 1996). In general, "[a]bsent court order directing a guardian to exercise powers of the principal under the agency, a guardian will have no power, duty or liability with respect to *** any personal or health care matters covered by the agency.”
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