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

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

Archive