DGAA bLAWg

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.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2113&ChapterID=60&SeqStart=2600000&SeqEnd=-1

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


Tags

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

Archive