What Is a Living Will?

What Is a Living Will?

Planning for the future often brings up questions about medical care. If you suffer a severe injury or develop a terminal illness, you might lose the ability to speak for yourself. A living will protects your wishes during these difficult times by: 

• Providing direct instructions: It tells doctors what medical care you want or do not want if you face a terminal condition.
• Defining specific treatments: It outlines your choices regarding death-delaying procedures.
• Requiring legal steps: It must meet specific state requirements to become valid.
• Standing apart from other documents: It covers different situations than a last will and testament or a healthcare power of attorney.

At Heckman Law, LLC, we believe it is important for individuals to understand the value of having a clear and legally valid living will. By making your medical preferences known, you have the opportunity to ensure that your wishes are honored during critical moments. Contact us today to learn more about how we can assist you in drafting your living will.

What Is the Purpose of a Living Will?

A living will allows you to state your wishes regarding end-of-life medical care. When a patient becomes too ill to communicate, family members often disagree about the right course of action. Relatives might argue over whether specific treatments add valuable time to the patient’s life or merely prolong suffering. By creating a living will, you remove the burden of guesswork from your loved ones. You provide them with clear, legally binding instructions directly from you.

What End-of-Life Directives Should You Include?

When you draft this document, you must decide which medical interventions you want to receive and which you want to refuse. The Illinois Living Will Act defines these interventions as death-delaying procedures. These procedures artificially prolong the dying process but cannot cure your underlying condition. Common examples to consider include:

• Ventilators and breathing machines: These devices help with breathing when you cannot do so on your own.
• Artificial nutrition and hydration: This includes methods like feeding tubes to supply nutrients and fluids.
• Kidney dialysis: This procedure filters waste from your blood when your kidneys fail.
• Cardiopulmonary resuscitation (CPR): This emergency procedure attempts to restart your heart and breathing.

Signing this document simply means choosing hospice care instead of invasive procedures when an illness becomes terminal.

What Are the Requirements to Create a Valid Living Will in Illinois?

To make your document legally binding in Illinois, you must follow specific rules. The law demands that your document be:

• Written: It must be a clear, written document.
• Signed: You must sign the document yourself.
• Witnessed: Two competent adults must witness your signature.

These witnesses must be present when you sign the document, and they must certify that you are healthy enough to make these decisions. Your document only takes effect if you have an incurable, terminal condition and you can no longer communicate your own healthcare decisions. As long as you can speak for yourself, you remain in full control of your medical care.

How Does a Living Will Differ From Other Estate Planning Documents?

People often confuse a living will with other legal documents, such as a living trust. Understanding the differences helps you build a complete estate plan. A few differences between common documents include:

• Last Will and Testament: A standard will dictates what happens to your property, financial accounts, and physical assets after you die. A living will only addresses your medical preferences while you are still alive.
• Power of Attorney for Healthcare: This appoints a trusted person to make medical decisions for you if you become incapacitated. This document can apply in temporary situations, not just terminal ones.
• Living Trust: A living trust outlines your estate plan to help avoid probate and provide privacy to your family. 

Planning your estate is an important step in protecting your wishes and the future well-being of your loved ones. By creating clear and comprehensive documents, such as a last will, living will, and power of attorney, you can help reduce uncertainty and provide guidance during critical moments.

Start Building Your Living Will with Heckman Law, LLC.

Drafting an advance medical directive brings peace of mind to you and your family. Do not wait until your health fails to establish your wishes. Andrea Heckman and the team at Heckman Law can help you document your decisions properly. Call our office in Rolling Meadows to schedule a consultation and discuss your estate planning needs.