77 Ill. Adm. Code 295.6030
Resident's Representative
Section 295
Section 295.6030Â Resident's
Representative
a)
Designation of a resident's representative may be
accomplished through the Illinois Power of Attorney Act, pursuant to the
guardianship process under the Probate Act of 1975, or pursuant to an executed
designation of representative form specified by the Department.
(Section 10
of the Act)
b)Â Â Â Â Â Â Â Â The Department and the establishment shall recognize the
authority of a resident's representative designated in accordance with this
Section, a legally appointed guardian, an agent designated by the resident
pursuant to the Powers of Attorney for Health Care Law, or a surrogate decision
maker appointed in accordance with the Health Care Surrogate Act.
c)Â Â Â Â Â Â Â Â The designation of a representative pursuant to the
Department's form shall meet the following conditions:
1)Â Â Â Â Â Â Â Â The designation shall be in writing and be signed by the
resident;
2)Â Â Â Â Â Â Â Â Documentation of the designation shall be provided to the
establishment; and
3)Â Â Â Â Â Â Â Â The resident must be competent at the time of the designation.
d)Â Â Â Â Â Â Â Â If a resident
is not able to communicate his or her own
needs
in any manner, the resident's representative must reside in the
establishment and
have a prior relationship to the resident
. (Section
75(c)(2) of the Act)