Having a Baby Soon? Why You Need to Complete Your Healthcare POA Before You Leave for the Hospital

Web Admin - Thursday, September 24, 2020
Inverness estate planning lawyer for healthcare POA

Thinking about the future in case something happens to you can be a daunting task. Many people do not like to think about what will occur if they pass away. However, estate planning is essential if you want your wishes to be carried out and avoid disputes between surviving family members. A power of attorney (POA) is a legal document that names the person who can speak for you if you become incapacitated and incapable of making your own decisions. A healthcare power of attorney is a legal document that allows someone to give a certain individual the authority to make decisions about his or her medical care. Healthcare POA can refer to both a legal document and a person who has been granted this type of legal authority. For women who are expecting a child, it is critical to have a healthcare POA named in case complications during labor and delivery leave them unable to make decisions regarding medical intervention for them or their newborn.  

What Does a Healthcare POA Cover?

A medical power of attorney can include stipulations concerning a wide variety of medical procedures, including hiring a personal care assistant and determining types of medical treatments in general. These directives might only be necessary for a temporary period of time, or they could be needed for a long-term health crisis. 

A healthcare POA will usually only go into effect if a person does not have the mental capacity to make decisions for himself or herself regarding medical treatment. An example could involve a pregnant woman who suffers complications while in labor after she arrives at the hospital, such as a heart attack or stroke. If she loses consciousness for any reason, she will be incapable of communicating whether she wants to be put on life-sustaining support such as a ventilator or feeding tube. Depending on the woman’s condition, any medical emergency could directly affect her baby’s health. If medical staff are faced with the decision to save either a mother or her baby, this is the type of choice that can be made ahead of time with a POA. 

Typically, married spouses are each other’s designated POAs. However, if a woman is unmarried and pregnant, her healthcare POA could be a parent, sister, cousin, or friend.    

Contact a Kenilworth Estate Planning Lawyer

Designating a Healthcare Power of Attorney is very important. If you are pregnant, it is essential that you complete this document before you deliver your child. This will ensure that if complications arise during childbirth, you will be given the medical treatment that you would have consented to if you were able to make that decision on your own. The knowledgeable legal team of Drost, Gilbert, Andrew & Apicella, LLC is prepared to help you draft these essential documents. Our skilled Riverwoods estate planning attorneys are well-versed in Illinois laws and how they may impact your unique situation. To arrange a free consultation, call our office today at 847-934-8000.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.



New Law Mandates Reasonable Accommodations for Pregnant Women

Web Admin - Thursday, December 11, 2014

pregnant woman wrongful termination, employee rights lawyerDiscrimination against pregnant women in the workforce has long been a concern, and now the Illinois legislature has passed a new law designed to help give women greater protection. The new law modifies the Illinois Human Rights Act, effective starting next year, to more clearly protect pregnant women's rights. The new rights include the right to reasonable accommodation of their pregnancy by their employers, protection from employment discrimination, and protection from forced leave. The law also grants employers some protection from unreasonable demands, such as the ability to refuse accommodations if such accommodations would place an undue hardship on the business.

New Rights for Pregnant Women

The law includes four new rights for “women affected by pregnancy, childbirth, or medical or common conditions related to childbirth.” The most legally complex of these rights is the right to a reasonable accommodation of their pregnancy. These accommodations are changes to the employee’s duties or their workspace that allow the employee to perform the “essential duties” of the position. The law provides some examples of these reasonable accommodations, which may include things like more frequent bathroom breaks, private space for breastfeeding, or a modified work schedule.

The law also provides another set of more concrete rights to pregnant women. For instance, employers may not force accommodations onto a pregnant woman if she does not want them, a provision that is likely designed to protect women from being forced to modify or reduce their work schedules. Similarly, the law forbids an employer from forcing a pregnant woman to take maternity leave if she chooses not to.

Employer's Rights

The law also includes a new set of rights for employers that relate to the issue of reasonable accommodation. The first right is that employers can claim that the accommodation the woman is asking for would place an undue hardship on the company. The law defines undue hardship as “an action that is prohibitively expensive or disruptive.” It also provides four factors for judges to consider when determining whether something is an undue hardship:

  1. 1. The nature and cost of the accommodations;
  2. 2. The financial resources of the facility providing the accommodation and the accommodation's impact on the company's operations;
  3. 3. The resources and size of the employer; and
  4. 4. The type of work the employer does.

This provides a highly individualized test that depends greatly on both the specific employer and the accommodation requested. The law also provides the employer with the right to request medical documentation supporting the need for the accommodation.

If you believe that your rights under this new act are being violated or if you are an employer concerned about your obligations under the new law, contact a Crystal Lake employment law attorney today. Our firm helps many northwest suburban employees and businesses in towns like Rolling Meadows, Crystal Lake, Arlington Heights, Inverness, Deer Park, Palatine, and Barrington.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Recent Posts


Inverness injury lawyer real estate Palatine life insurance lawyer Attorney Ken Apicella Arlington Heights personal injury attorney DUI attorney creditors denial of life insurance insurance denials Chicago insurance law firm real estate zoning Arlington Heights employment law attorneys denied insurance claims Chicago biking tips reckless homicide BAIID pedestrian-automobile accident Illinois wrongful termination lawyer job lawyers cause-of-death exclusions Barrington civil litigation attorney insurance claim delay digital evidence personal injury claims Illinois Sales Representative Act marijuana Home Sale Contingencies brain injury drug crimes lawyer gift taxes probate lawyer life insurance Illinois traffic accident lawyer Buffalo Grove real estate attorney anesthesia errors Buffalo Grove corporate attorney speeding Buffalo Grove employment lawyer consent to a search Illinois Smoke Detector Act Arlington Heights tax lawyer slip and fall power of attorney Chicago estate planning lawyer Illinois injury lawyer criminal law revenge porn Illinois insurance claims lawyers wills Deer Park employment law attorney unpaid overtime dealing with problem employees trucking accidents accidental death benefits LLCs Palatine corporate attorney Rolling Meadows life insurance claim denial attorney Legal Info condo association Barrington employment law firm bicycle dooring accidents Schaumburg estate attorney Schaumburg estate planning attorney Crystal Lake medical malpractice lawyer sole proprietorship Barrington Illinois estate planning lawyer pay when paid contract murder charges Rolling Meadows traffic law firm truck collisions Illinois mortgages Palatine civil litigation lawyer Rolling Meadows insurance dispute lawyers, insurance dispute preventable medical errors landlord Illinois collections attorney Illinois employment attorneys Inverness probate lawyer Illinois traffic ticket lawyer life insurance claim denial, denial of life insurance claim Deer Park workers compensation lawyer probate process drunk driving statistics expungement insurance claim dispute Deer Park criminal attorney Illinois tax attorney Illinois home inspection Illinois Transfer on Death Instrument products liability insurance agent negligence Landlord Tenant Ordinance Illinois car accident attorney Illinois will lawyer driving Illinois workers compensation lawyer Inverness insurance attorney probate claims clemency Chicago will attorney Barrington criminal lawyer distracted driving accidents construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Illinois boating accident lawyer Colin Gilbert Buffalo Grove probate lawyer Illinois insurance claim denial Illinois motorcycle accident lawyer personal injury law firm car accidents involuntary manslaughter Crystal Lake pet attorney personal injury accidents insurance disputes real estate attorneys Rolling Meadows traffic attorney Barrington life insurance lawyer Illinois traffic laws boating under the influence Kenilworth estate planning lawyer Arlington Heights traffic attorney Illinois real estate lawyer DGAA Rolling Meadows real estate attorney automated cars traffic violations defense employee discrimination Illinois elder law attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Palatine punch death Rolling Meadows estate planning attorney Super Mario Barrington boating accident attorney controlled substance Crystal Lake civil litigation lawyer Chicago attorney back injuries Rolling Meadows marijuana attorney agent Illinois pedestrian accident attorney Crystal Lake pedestrian accident lawyer Forcible Entry new real estate form Family Medical Leave Act Barrington estate planning lawyer Des Plaines drug crimes lawyer Arlington Heights insurance attorney Fourth of July Rolling Meadows litigation lawyer corporate law rollover car crashes investment property denial of insurance claim Illinois probate lawyer how to avoid common denials of life insurance claims disability benefits landlord tenant law Rolling Meadows insurance attorney Palatine construction attorney living trust benefits employees golf accidents civil litigation attorney Inverness corporate attorney Illinois small business Illinois construction accident attorney probate Barrington litigation attorney Arlington Heights wills and trusts attorney special needs trust estate attorney forming a corporation in Illinois Jay Andrew Illinois employment laws home inspection lawyer Policy Cancellation Schaumburg wrongful death attorney underinsured motorist Des Plaines Traffic Lawyer Illinois Workers’ Compensation Commission Rolling Meadows owner responsibility medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers senior citizens Illinois personal injury denied insurance claim Class A misdemeanor Des Plaines motorcycle accident attorney Exclusions rent to own real estate contracts bicycle accidents drug crime insurance negligence traumatic brain injury trauma after an accident Illinois law Arlington Heights trucking lawyer Barrington personal injury lawyer Illinois LLC creation privacy laws changes to mortgage law commercial real estate license suspension Illinois wills and trusts civil rights violation rumble strips natural gas explosion rest breaks blood alcohol content Rolling Meadows criminal lawyer Chicago employment attorney Rolling Meadows corporate lawyer pain and suffering field sobriety test employment law estate planning attorney foreclosed rental property Self-Directed IRA Accounts TBI advance healthcare directive Crystal Lake injury attorney Thanksgiving comp time drug possession IRA benefits cell phone tower data uninsured motorist Crystal Lake will lawyer Des Plaines real estate attorney Illinois estate planning law firm Palatine employment attorney spinal cord injury Schaumburg elder law lawyer Rolling Meadows boating crash lawyer holiday statistics elder law Arlington Heights Attorney deed transfer pet law Buffalo Grove injury lawyer Chicago life insurance attorney food poisoning Illinois workplace discrimination attorney Deer Park traffic accident attorney contracts Illinois defective products attorney healthcare Palatine corporate law attorneys Illinois insurance dispute lawyers Des Plaines pet law attorney Illinois corporate lawyer healthcare claims hiring employees license reinstatement Schaumburg criminal attorney no contest clauses real estate closing Illinois job attorney institutional trustee Des Plaines traffic tickets Rolling Meadows accident lawyer Detainer Actions Barrington criminal defense lawyer Schaumburg personal injury lawyers South Barrington real estate attorney Arlington Heights TBI attorney top life insurance claim denials Arlington Heights accident attorney Des Plaines accident attorney Illinois red light cameras Schaumburg civil litigation attorney Rolling Meadows criminal attorney Long Grove wills and trusts attorneys sexual harassment vacation home gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Chicago insurance claim attorneys Illinois personal injury lawyer Des Plaines civil attorney Inverness elder law lawyer Des Plaines injury law firm Crystal Lake employment lawyer head on collisions Barrington injury attorney Des Plaines drug lawyer manufacturing BAC trucking accident lawyers traffic deaths traffic violations rollover accidents workplace sexual harassment Rolling Meadows DUI lawyer Palatine employment law lawyer filing a medical malpractice claim Illinois estate planning attorney first degree murder DUI Inverness personal injury attorney Schaumburg employment law attorneys employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Des Plaines personal injury lawyer Arlington Heights employment attorney defective products Kenilworth estate planning attorneys suspended license Joliet general practice lawyers problem employees small business beneficiary complications Des Plaines criminal attorney Buffalo Grove criminal defense lawyer comparative negligence drugs Arlington Heights injury attorney income distribution deducation Rolling Meadows car accident lawyers Illinois wills and trusts attorneys Long Grove real estate lawyer Illinois registered agent Arlington Heights wills and trusts lawyer Des Plaines real estate lawyer Illinois speeding lawyer caretaker rights Illinois employment law attorneys dynasty trusts breach of contract Illinois estate planning motorcycle accident probate claims process overtime violations commercial leasing trust payments Palatine drug lawyer insurance dispute attorney Palatine insurance lawyer natural gas defective products lawyer Long Grove estate planning attorneys Schaumburg car accident attorney murder Arlington Heights car accident lawyer Food and Drug Administration's Food Safety Modernization Act Buffalo Grove traffic lawyers compensatory time spinal cord injuries texting and driving Arlington Heights wills and trusts attorneys Crystal Lake business law attorneys Illinois bicycle safety ken apicella digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Buffalo Grove car accident lawyer Crystal Lake car accident lawyer CAM Retaliatory Discharge Schaumburg corporate attorney construction contracts life insurance lawyer child safety medical malpractice material misrepresentation Rolling Meadows insurance lawyer probate fees estate tax Barrington attorney installment contracts car collision Inverness traffic law firm liability claims real estate leasing Mount Prospect wills and trusts lawyers personal injury modern family estate planning pregnant women Deer Park real estate law firm Rolling Meadows probate lawyer startup company Arlington Heights lawyer insurance agents workers compensation overtime pay real estate lawyer attorney fees criminal employment lawyer pet bites Crystal Lake traffic lawyer Inverness estate planning lawyer Illinois employment law Arlington Heights medical malpractice lawyer life insurance claims mass shooting Schaumburg Attorney estate planning for college students breathalyzer test most common reasons for life insurance claim denials Illinois trusts attorney fatal car accidents Illinois employment law attorney right to work fault based insurance murder defense Inverness real estate lawyer pedestrian injuries, pedestrian fatality Schaumburg Liquor Control Act underfunded trust ObamaCare work unions Rolling Meadows employment attorney POA workers comp condo Illinois Wage Payment and Collection Act cell phone accidents Rolling Meadows medical malpractice lawyers drunk driving bad faith insurance claims Schaumburg traffic lawyer BUI preventing accidents Illinois DUI attorney Illinois insurance claim dispute lawyers life insurance policy Rolling Meadows Traffic Lawyer elder abuse Illinois traffic attorney nursing home negligence boating DUI Inverness DUI lawyer Arlington Heights Traffic Lawyer car crash Rolling Meadows personal injury lawyers pizza emoji traffic accidents Crystal Lake employment attorney workers compensation benefits Crystal Lake estate planning lawyer Illinois workplace lawyer boating accidents Schaumburg employment attorney Illinois medical malpractice case Palatine criminal defense lawyer Crystal Lake tax lawyer trustee Deer Park medical malpractice attorney Long Grove estate planning attorney Illinois jet ski accident lawyer insurance denial appeals traffic offenses living wills Home Remodeling Repair Act personal injury claim IRS Employment Discrimination Law hit and run accident trench injuries Rolling Meadows drug defense attorney Schaumburg criminal law attorney Chicago employment lawyer subcontractor Crystal Lake medical malpractice attorneys Illinois Probate Act of 1975 construction accidents Palatine real estate lawyer Buffalo Grove law firm Colin H. Gilbert Illinois pet lawyer hands free device Palatine personal injury lawyer GM ignition switches product liability pedestrian accidents Des Plaines DUI attorney Arlington Heights pedestrian accidents Crystal Lake criminal defense attorney coronavirus medical research Illinois employment lawyer motorcycle accident lawyer Des Plaines medical malpractice attorney social media after death liability Chicago will attorney, social media platforms, Illinois estate planning lawyer, Des Plaines personal injury lawyers swimming pools drug crimes surgical mistakes Crystal lake insurance dispute attorney guardianship attorney Des Plaines collections attorney personal injury attorney fiduciary rule delay Deer Park personal injury lawyer car crash injuries Deer Park traffic lawyer Barrington personal injury attorney Federal Food Drug and Cosmetic Act medical malpractice claims caregiver Crystal Lake car accident attorney cell phone health insurance dispute Rolling Meadows insurance dispute lawyers Illinois insurance claim dispute lawyer privacy Crystal Lake traffic attorney estate planning lawyer wrongful death Palatine probate lawyer Transfer on Death Instrument Rolling Meadows tax attorney icy parking lots car accident Palatine civil attorney tax attorney financial advisors Rolling Meadows employment law attorneys medical marijuana Palatine Attorney whistleblower protections Kenilworth estate planning attorney Crystal Lake insurance lawyer dram shop law Schaumburg life insurance attorney trusts criminal defense Barrington Traffic Lawyer employment attorney bike accident DMV Schaumburg personal injury attorney license auto accidents Deer Park motorcycle accident lawyer Inverness civil lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Rolling Meadows employment law attorney college kids Affordable Care Act Inverness real estate attorney Illinois driving without license Des Plaines insurance attorney Crystal Lake accident attorney Buffalo Grove personal injury attorney living trust vs will real estate contract Schaumburg drug defense lawyer Palatine traffic lawyer traffic crimes Crystal Lake personal injury attorney underage DUI Illinois business law atorneys minimum wage vacation home fines marijuana crimes attorney wrongful termination meal breaks jet ski Des Plaines tax law firm real estate attorney living trust Rolling Meadows personal injury lawyer jet ski accidents unpaid assessment employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Illinois insurance claim attorney homestead rights Barrington drug crime attorney Schaumburg estate planning lawyer Illinois employment law firm Mount Prospect elder law attorney wage theft Mt Prospect Attorney Illinois insurance disputes federal regulations for LLCs Arlington Heights personal injury lawyer DUI defense wills and trusts crossover accidents Riverwoods estate planning lawyer estate planning trusts Barrington medical malpractice lawyers insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys insurance claim dispute attorney insurance claim denials estate plan Illinois rollover accident lawyers IRA trust transfer Long Grove real estate attorney Crystal Lake employment law attorney Buffalo Grove personal injury lawyer Illinois insurance attorney FSLA independent contractor Palatine law firm Barrington real estate lawyer Barrington employment law attorney Schaumburg construction accident lawyer Whistleblower Claims insurance claims Illinois medical malpractice claim car accident lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, paid sick leave employment contract operating agreements in terrorem provision Rolling Meadows business lawyer Fair Labor Standards Act Chicago traffic lawyer criminal record Arlington Heights estate planning attorney Schaumburg medical malpractice lawyer unauthorized overtime Chicago corporate attorney Chicago estate planning loss of consortium Chicago trucking accident attorney South Barrington real estate lawyer federal crimes Illinois attorney employee rights Buffalo Grove insurance claim dispute lawyers School Visitation Rights Act Chicago lawyer Illinois real estate Rolling Meadows Attorney DUI penalities medical malpractice compensation Palatine traffic accidents foreclosure insurance adjusters deadly crashes Buffalo Grove medical malpractice lawyers internet insurance attorney Des Plaines personal injury attorney insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Long Grove estate planning Schaumburg injury lawyer mortgage Arlington Heights car crash attorneys FMLA distracted driving accident victims DNR car crashes Crystal Lake bike accident lawyer Buffalo Grove traffic attorney Schaumburg real estate lawyer Illinois personal injury attorney Illinois employee rights attorney. digital information loopholes insufficient documentation insurance claim Buffalo Grove life insurance attorney Illinois living will Arlington Heights real estate lawyer Illinois civil litigation lawyer low-ball insurance settlement IRELA business litigation civil litigation eluding a police officer personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Illinois lawyer Illinois personal injury lawyers Illinois workers compensation attorney Deer Park DUI lawyer license revocation appealing an insurance claim capital gains tax Palatine elder law attorney residential real estate Crystal Lake law firm Mount Prospect real estate lawyer employment law, Illinois employment laws premises liability Illinois traffic attorneys Illinois business lawyer pedestrian accident Schaumburg insurance lawyers estate planning Barrington employment attorney Des Plaines claims law firm dog bites Arlington Heights criminal lawyer PTSD Palatine workers compensation lawyer Palatine estate planning lawyer Do Not Resuscitate severance agreements Palatine business attorney insurance dispute texting while driving sexual images Schaumburg probate attorney commercial leases Illinois Trust Code blended families power of attorney for healthcare Illinois insurance lawyer Barrington estate planning attorney Deer Park accident attorney digital assets Barrington business law firm Crystal Lake personal injury lawyer Rolling Meadows personal injury attorney Illinois medical malpractice lawyers fiduciary rule Palatine employment lawyer Arlington Heights wills and trusts lawyers employee misclassification unfunded trust personal injury lawyer car accident lawyers Inverness accident lawyer taxes Chicago car accident lawyer Palatine injury attorney Schaumburg personal injury lawyer slip and fall accidents Illinois medical malpractice attorney liens traumatic brain injuries Illinois trucking safety Illinois Human Rights Act Crystal Lake medical malpractice law firm medication errors irrevocable trust lapse in policy traffic laws Palatine trusts lawyer ACA Barrington workers compensation attorney Illinois criminal defense attorney llinois Real Estate Lawyers Association