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.