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.


Study Finds Most Doctors Are Confused by Living Wills

Web Admin - Friday, February 24, 2017

Barrington medical malpractice lawyersLiving wills are, quite literally, a matter of life and death. They are also fairly common documents, which means doctors and surgeons should know how to interpret them. Yet a recent study has determined that, much of the time, they interpret these documents incorrectly. Besides having the wishes expressed in their living will violated, what might this mean for patients and their families? The following explains. 

A Closer Look at the Study

Published in the Journal of Patient Safety, the recent study asked 741 physicians from 13 different hospitals to detail how they would treat nine different patients with varying degrees of cardiopulmonary distress, based on what they understood from the patients’ living wills. They only reached a consensus (defined as agreement of 95 percent or higher) in two out of the nine scenarios. If they viewed a one-minute video that expressed each patient’s wishes, along with reading the living will, they reached a 94 percent agreement on a third patient. 

What was most disturbing about this is that, out of those remaining cases, many doctors got the answer wrong. Some would have given too much treatment to a patient who did not want specific life-saving procedures and practices. Others would have given too little treatment, potentially placing the patient at risk for death when they wanted life-saving practices and procedures. The implications of either are concerning, to say the least. 

What Happens When Doctors Misinterpret Living Wills

Patients who have a do-not-resuscitate (DNR) in place typically have one for a particular reason. Perhaps they simply do not want to risk the chances of being left in a vegetative state, or making their families decide when to pull the plug. Others may have chronic and debilitating conditions that are eroding their health. 

In contrast, patients who want certain life-saving procedures and practices have reasons for wanting to live. Maybe they have children, or are simply okay with certain practices but not others. They can express these specific wishes through their living will. Yet, if they are not interpreted correctly, patients and their families may experience a wrongful death, or a situation where they are revived and forced to live in a way they might not wanted (i.e. being in a comatose state or on life support). Both situations could pave the way for a medical malpractice lawsuit. 

Contact Our Barrington Medical Malpractice Lawyers

If you or someone you love has experienced wrongful death or improper treatment, despite having a living will in place, the experienced Barrington medical malpractice attorneys at Drost, Gilbert, Andrew & Apicella, LLC can help. Dedicated and experienced, we will fight for the most compensation possible in your case. Learn more by calling 847-934-6000 today.

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.


New Illinois Law Affects Gifts to Caregivers

Web Admin - Thursday, November 13, 2014

Illinois caregiver probate, Schaumburg probate lawyerDrafting a will is an important step towards ensuring that a person's final wishes can be accurately carried out. However, there have been recent cases of elderly testators succumbing to the undue influence of caregivers or other people close to them, and altering their wills in ways that they would not ordinarily want to. In order to better protect the interests of people drafting wills and other documents to memorialize their last wishes, Illinois has passed a new law that alters the way that courts treat gifts to caregivers if someone contests the validity of the document.

Presumptively Void Transfers

In the event that someone legally challenges a bequest to a caregiver of more than $20,000, the court will apply a “rebuttable presumption” that the transfer is void. A void transfer would not go through and would instead be redistributed under other provisions of estate law. However, not all large gifts to caregivers would be void under the law. The law instructs the court to use a rebuttable presumption, which means that the caregiver is allowed to argue that the transfer was valid and should go through normally.

What the presumption does, essentially, is forces the caregiver to fight an uphill battle if he or she wants to claim the money. The caregiver would need to show by “clear and convincing evidence,” a higher than normal standard, “that the transfer was not the product of fraud, duress, or undue influence.” The caregiver also has another option to demonstrate the validity of the will. If the caregiver can show that the gift's size is no greater than it would have been before he or she became the caregiver, then he or she can overcome the presumption.

When the Law Applies

The law contains a variety of cutouts and definitions that make it more clear when the law does or does not apply. For instance, the law provides an exception for family members who act as caregivers. They will not have to face the presumption of voidness, though they do still need to deal with ordinary issues of fraud and duress. The law also sets out a definition of the types of documents that the rule applies to, which the law refers to as transfer instruments. According to the law, a transfer instrument is a document designed to cause a transfer of assets on or after the date of the transferor's death. These instruments can be wills, trusts, or contracts, among a variety of other types of legal documents.

If you believe that a family member's will was improperly tampered with by a caregiver, seek the help of a dedicated Schaumburg, Illinois probate attorney today. Our firm can help you learn about the options you have to make sure that your family member's final wishes are carried out properly. We assist clients in Inverness, Palatine, Arlington Heights, and throughout the Chicagoland suburbs.

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


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