DGAA bLAWg

Advance Directives, Living Wills, and Healthcare Power of Attorney

Web Admin - Thursday, February 08, 2018
Schaumburg estate planning lawyer advance directivesProper estate planning is essential for every family, and the decisions made during this process will allow you to protect your personal property and financial assets and pass them on to your heirs after your death. But in addition to considering what will happen after you die, it is also a good idea to plan for how medical decisions will be handled for you if you ever become unable to make these decisions for yourself. The documents detailing your instructions in these matters are known as advance directives, and the two most common directives are living wills and healthcare power of attorney.

Living Wills


With a living will, you can inform a doctor or other healthcare provider that you do not want them to use medical procedures which will delay your death if you are diagnosed with a terminal illness. A living will only goes into effect if you have an “incurable and irreversible condition [in which] death is imminent” and you are unable to communicate your preferences to your doctor.

Illinois law provides a standard form for living wills, but you may also create your own customized document, including specific instructions about certain situations or medical procedures you do not want your doctor to perform.

Healthcare Power of Attorney

A healthcare power of attorney document allows you to name someone who is authorized to make decisions for you if you cannot make decisions for yourself. You can give this person, known as your agent, broad authority to make decisions, or you can include specific instructions about what types of decisions they can make, what treatments you do and do not want to receive, whether you would like to donate your organs after your death, and how your remains should be disposed of.

Healthcare power of attorney will go into effect as soon as the document is signed, and your agent will continue to have authority to make decisions until your death, unless you include a time limit. If you have both a living will and healthcare power of attorney, decisions about death-delaying treatments will be made by your agent, unless they are unavailable, in which case your doctors will follow the instructions in your living will.

Contact a Schaumburg Estate Planning Lawyer


In addition to healthcare power of attorney and a living will, you may want to consider other advance directives: a mental health treatment preference declaration which will describe what treatments for mental illness you want to receive if you cannot make decisions for yourself, or a do not resuscitate (DNR) order which states that you do not want to be revived if you stop breathing or your heart stops beating.

If you want to know more about how to create the advance directives that will ensure your wishes are carried out correctly if you are incapacitated, the skilled attorneys at Drost, Gilbert, Andrew & Apicella, LLC can answer your questions and work with you to create the documents you need. Contact our Barrington estate planning attorneys at 847-934-6000 to schedule a personalized consultation.

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:
http://www.dph.illinois.gov/topics-services/health-care-regulation/nursing-homes/advance-directives
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2110&ChapterID=60

Do Not Resuscitate Orders: What You Need to Know

Web Admin - Thursday, May 29, 2014

illinois dnr estate planning attorneyAdvances in medical science and technology have made it possible to revive patients after their heart or lungs have stopped working, often known as heroic measures. One of the most common ways of doing this is via simple mouth to mouth resuscitation or chest compressions. Doctors may also use an electric shock to restart the heart, or they may insert a breathing tube down a person’s throat to open the airway. Additionally, drugs like epinephrine may help restart a person’s heart in the event that it stops. The availability of technologies like these though has led to the proliferation of Do Not Resuscitate orders (“DNR”).

What Is a DNR?

A DNR is a type of “advance healthcare directive.” These are documents that people fill out prior to serious illness or injury that affect the type of care a person will receive. The DNR is a specific advance directive that instructs doctors not to perform heroic measures to resuscitate the person.

DNRs apply only to the narrow issue of resuscitation, so it is important not to confuse it with the two other common types of advance directives: living wills and healthcare powers of attorney. Living wills are a different type of advance directive that have broader applications. Living wills allow a person to record their feelings on a variety of life sustaining treatments like the use of feeding tubes and respirators.

Healthcare powers of attorney transfer the authority to make healthcare decisions to another person in the event that they are unable to make healthcare decisions for themselves. Ordinarily, this document will matter most in situations where a person’s condition is not serious enough to implicate the instructions in a living will, but when they are unable to speak.  

DNR orders are important medical documents that can have profound consequences on a person’s quality of life. Therefore, people should understand the different considerations that can affect whether to institute a DNR.

Elements to Consider

There are two important elements someone should consider when thinking about implementing a DNR: their current quality of life and the effectiveness of resuscitation. With regard to quality of life, resuscitation is often necessary because of ongoing medical problems that may or may not ever improve. These health issues can have a serious effect on a person’s quality of life and may even remove the desire to be resuscitated in the event of death. In fact, a survey of doctors revealed that, knowing the quality of life many resuscitated patients have, 88.3 percent would choose to implement a DNR. Part of that is likely because of the second concern, the effectiveness of resuscitation.

While CPR and other measures can often bring people back to life, it is not a perfect tool. Many CPR attempts result in broken ribs, and often, even though the person survives, the experience leaves them with neurological damage. While many people choose to forego DNRs, it is a very personal decision that should only be made after understanding all of the facts involved.

If you are considering implementing a DNR or another advance directive, seek the advice of an Illinois estate planning lawyer today. Our skilled attorneys help clients make these difficult decisions in towns across the northwest suburbs including Inverness, Long Grove, and South Barrington.

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.


Recent Posts


Tags

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

Archive